One step closer to the agreement on Europe – US data protection

The way for the activation of the new “agreement-umbrella” between the EU and the USA on protection of personal data exchanged for the purposes of enforcement of the…
law, opened yesterday the European Parliament. Meps approved the new agreement, which aims to ensure a high and binding standards of protection in the exchange of data between police and law enforcement Authorities, with a view to the prevention, detection, investigation and prosecution of criminal offences, including terrorism. The agreement was signed between the European Commission and the united states in June and required the approval of Parliament to enter into force, yesterday received the support of a majority of the members of the EC. Parliament yesterday, with 481 votes in favour, 75 against and 88 abstentions, paved the way for the Council to adopt the final decision, which will conclude the international agreement.
The agreement covers all personal data, such as names, addresses, or criminal records, exchanged between the EU and the U.S. with the purpose of the prevention, detection, investigation and prosecution of criminal offences, including terrorism. In particular, it secures for citizens of the EU and the US the right to administrative and judicial redress, the right to be informed in the event of a breach of security of their data and the right to request correction of their personal data in the event of inaccurate information. It also establishes specific limits for the transmission of data and the retention periods of the data.
Protection
“The framework of the transatlantic data protection is now clear”, said rapporteur Jan Philipp Albrecht (Greens, Germany). “After six years of negotiations, the protection of data exchanged with the united states is transported to a new level. The fundamental rights of citizens will be better protected,” said he, adding that “the agreement does not constitute a legal basis for the transfer of data, but protects those data, already, lawfully be exchanged. Data protection authorities can verify compliance with the agreement at any time”.
The negotiations
After appeal by the EC in 2010, the Council authorised the European Commission to start negotiations for the conclusion of the agreement between the EU and the USA on protection of personal data exchanged in the framework of police and judicial cooperation.
The negotiations, which started in March 2011, and on 8 September 2015 an agreement has been reached. After the adoption of the law on judicial review by the Congress of the united states in February 2016, which gives the right of EU citizens to seek redress through the courts in the united states, the agreement was signed by the European Commission and the US authorities on 2 June 2016. On 18 July 2016, the Council asked the Parliament to give its consent to the agreement.
We remind that in October of 2015, the European Court of justice, in a landmark judgment, held that it is “powerless” in the previous legal framework, which allowed the free transfer of personal data from the EU to the USA (agreement Safe Harbour-Safe Harbour). In essence, the Court ruled that a user may request the suspension of the transmission of data in the USA. Therefore, it has decided that it is “null and void” the previous decision of the Commission, with which the latter had considered since 2000 the USA as a “digital safe” area, judging that ensure “an adequate level of protection of transferred personal data.
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