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Thursday, June 14, 2018

LIBE Calls for Suspension of Privacy Shield

On June 11, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted, by 29 to 25, to ask the European Commission to suspend the EU-U.S. Privacy Shield framework unless the U.S. government meets its obligations under the framework by September 1.  A similar resolution was approved by the identical margin by the LIBE in March 2017.  Of particular concern to the LIBE was the non-functioning of the U.S. Privacy Civil Liberties Oversight Board (PCLOB), the failure to appoint a permanent Ombudsperson, and the recent adoption of the Clarifying Lawful Overseas Use of Data Act or CLOUD Act.  According to LIBE Chair Claude Moraes, “the Privacy Shield in its current form does not provide the adequate level of protection required by EU data protection law and the EU Charter. It is therefore up to the US authorities to effectively follow the terms of the agreement and for the Commission to take measures to ensure that it will fully comply with the GDPR."  The non-binding resolution will be taken up by the full Parliament in July; even if passed, as is likely, any decision about Privacy Shield will remain with the European Commission.

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