Cross-Border Data Forum Bannner

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Kenneth Propp

Four years have passed since the United States and the European Union set out to design an improved mechanism for transatlantic e-evidence transfers, but minimal progress has been made.  While the United States enacted the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a parallel EU effort to pass a uniform E-Evidence Regulation remains stalled due to disagreements primarily over individual privacy rights.  In the absence of EU legislation, transatlantic negotiations have stalled. [...]
This piece was originally published by about:intel and is reprinted here with the permission of same. Two years after the European Commission released an omnibus Data Strategy, it has proposed the Data Act, the last major component of its legislative plans to reshape Europe’s digital economy. The Data Act is intended to stimulate the re-use of data generated by the burgeoning number of connected or ‘smart’ products and services that transmit information back to manufacturers and service providers. The Act would [...]
For the full article posted today on the European Law Blog, click here. Can the U.S. Government create, by non-statutory means, an independent redress authority capable of providing an effective remedy for a European person who believes that her or his rights have been infringed by an intelligence service? In this article we put forward a novel non-statutory solution that could resolve the “redress” problem in the EU/US adequacy negotiations. This solution is based on three “building blocks” inspired by methods [...]