March 8, 2016

The Article 29 Working Party says that it “welcomes the publication of the draft “adequacy-decision” of the European Commission as well as of the legal texts that constitute the EU-U.S. Privacy Shield arrangement”.  However, it notes: “These documents have to be analysed with great attention as regards the need for restoring trust in transatlantic data flows”.

Accordingly, the Working Party says that it will now take time to assess the documents with a view to publishing an Opinion.

The assessment will be conducted taking into account the Court of Justice of the European Union’s decision of 6 October 2015 in the Schrems case; European jurisprudence on fundamental rights; the Working Party’s letter to the European Commission on Safe Harbour dated 10 April 2014; and the Working Party’s Working Document on transfers of personal data to third countries.

The Future of Privacy subgroup will finalise the Working Party’s draft Opinion, which will then be adopted at the next plenary meeting on 12 and 13 April 2016.

Following adoption of the Working Party’s Opinion, the next step, before the “adequacy-decision” is adopted by the Commission, will be the opinion of Member States, in accordance with Article 31 of the Data Protection Directive (95/46/EC).  To read the Working Party’s statement in full, click here.