Article 29 Working Party on Privacy Shield

The Article 29 Working Party has published its findings arising from the joint annual review of the EU-US Privacy Shield

 The EU Commission’s broadly positive report on the EU-US Privacy Shield was made available in October but it is only now that the Article 29 Working Party’s findings (WP 255) on the Privacy Shield have been adopted and published. The document can be downloaded from the link below.

Given the long list of areas where the Article 29 Working Party identifies problems which have yet to be resolved, it is perhaps surprising that the Shield has been given a pass. But the commercial realities were always a main driver here; those worried about the effect of Brexit will be comforted by the approach to what some may regard as basic issues.

The negative highlights of the WP29’s findings include:

  • ·        the lack of guidance and clear information on the principles of Privacy Shield
  • ·        the need for an enhancement of the self-certification process for companies
  • ·        ‘the main points of concern [on the use of surveillance powers] have yet to be fully resolved’
  • ·        redress for EU citizens is not guaranteed because of ‘the problematic admissibility threshold of the “standing requirement”’ and the Ombudsman is yet to be appointed.

The Executive Summary concludes with the following passage:

‘The WP29 expects the remaining concerns to be addressed at the latest at the second joint review. In case no remedy is brought to the concerns of the WP29 in the given time frames, the members of WP29 will take appropriate action, including bringing the Privacy Shield Adequacy decision to national courts for them to make a reference to the CJEU for a preliminary ruling.’

Published: 2017-12-06T10:30:00

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