EU and US rules stand in the way of a new data transfer deal

The official agreement on transatlantic data transfers is not yet on paper. Before that, the agreement will have to be tested against European and American legislation.

The European Union and the United States have reached a agreement in principle on data transfers between the two continents. The way for data transfer is therefore open, although there are still a few hurdles to overcome before the agreement is actually concluded.

At the time of the deal, no further details were disclosed. Last week, the European Data Protection Board (EDPB) published A declaration in which it has been indicated where the focus will be on reaching an agreement.

“The EDPS will pay particular attention to how this political agreement translates into concrete legislative proposals.” This is also important for legislation, since two previous agreements have already been canceled†

Points of attention

“The EDPS will analyze in particular whether the collection of personal data for national security purposes is limited to what is strictly necessary and proportionate.”

“Furthermore, the EDPS will examine how the announced independent redress mechanism respects the right of individuals from the EEA (European Economic Area) to an effective remedy and to a fair trial. More specifically, the EDPS will examine whether a new authority forming part of this mechanism has access to relevant information, including personal data, in the exercise of its mandate and whether it can take decisions binding on the intelligence services. The EDPS will also examine whether there is a legal remedy against the decisions of this authority or its inaction.

Different interests

How the EDPS tackles the pitfalls of previous agreements remains unclear. After all, the US surveillance program still exists and bringing it into line with a set of European rules that precisely protect the citizen will inevitably remain a challenge.

EU citizens should also be given the opportunity to defend themselves if they believe US services were wrongly monitoring them. Filing a complaint requires information and cooperation from the US government. This is where the problem lies, because rules are currently being established in the United States to make it more difficult to obtain this evidence.