The privacy of non-U.S citizens might have come just under jeopardy. President Donald Trump has recently signed an executive order that might invalidate a much-needed data flow framework established between the United States (U.S) and the European Union (E.U). The two countries reached this agreement to ensure the privacy of European’s user data transmitted to tech behemoths in the country.
For those unaware, this agreement is called ‘U.S.-EU Privacy Shield’ was finally reached about six months ago after years of negotiation. The agreement signed between the two countries is aimed at fluid exchange of personal data while maintaining the privacy of a user. This allows companies in the U.S to transfer the personal data of a European user to their data centers in the country. But, also ensure being compliant with Europe’s stringent privacy laws — agree to their demands for storing and using data records. This shield was authorized under Obama’s presidential term and, thus, might be in jeopardy at the moment.
The executive order ‘Enhancing Public Safety in the Interior of the United States’ signed by Trump earlier this week talks about the privacy of their citizens. The document was primarily aimed at immigration laws but they extended their roots into the privacy of individuals of the country(s) as well. The paragraph penned alongside the privacy act segment in the document reads,
Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information.
The statement above says that the government will now work towards privacy policies that specifically “exclude persons who are not United States citizens or lawful permanent residents.” This development was first reported by TechCrunch but it was brought into the limelight by European Parliament member Jan Philipp Albrecht. He earlier tweeted out suggesting that the said executive might endanger their Privacy Shield agreement.
If this is true @EU_Commission has to immediately suspend #PrivacyShield & sanction the US for breaking EU-US umbrella agreement. #CPDP2017 https://t.co/0TBAnIWydq
— Jan Philipp Albrecht (@JanAlbrecht) January 26, 2017
As aforementioned, if this comes to be true then it will not only affect the E.U but also the tech companies who’ve agreed to comply with the agreement. More than 1,500 companies, including bigwigs Google, Microsoft, and Apple are currently signed up to the data sharing policies. They are abiding by the Privacy Shield agreement has to be ensured by the US Department of Commerce.
But if we delve into the linguistics of the policy stated in the executive order then it doesn’t directly point at the E.U and its privacy laws. This could also mean that the U.S wants to exclude people who aren’t permanent citizens of the United States or resident living unlawfully. But, the executive order now also puts the United States at risk of being sanctioned by the E.U. The said policies will enable companies to violate the privacy laws but it will only lead to friction for both the E.U as well as the tech companies. It could even lead other countries across the Atlantic to suspend their agreements as well.
Speaking on the debatable topic, a spokesperson from the European Commission says,
Privacy Shield does not rely on the protections under the U.S. Privacy Act. [The umbrella agreement relies on the Judicial Redress Act that] extends the benefits of the U.S. Privacy Act to Europeans and gives them access to U.S. courts.
We will continue to monitor the implementation of both instruments and are following closely any changes in the U.S. that might have an effect on European’s data protection rightThough the European Commission is keeping a close check on things, a warning shot with regards to the same has already been fired.
Though the European Commission is keeping a close check on things, a warning shot with regards to the same has already been fired. They have already said that the agreement could come under questioning if the U.S fails to comply with them.
.@EU_Commission : If adequacy is no longer guaranteed, we will have to suspend the #PrivacyShield #cpdp2017
— Laura Kayali (@LauKaya) January 25, 2017
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