Cross-Border Data Forum Bannner

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Peter Swire

In “Avoiding the Next Transatlantic Security Crisis: The Looming Clash over Passenger Name Record Data,” Kenneth Propp examines how Passenger Name Record data may become another area for EU/U.S. negotiations about the handling of personal data.  In summary, the article states: [...]
This post was originally published by about:intel, and is reprinted here with the permission of same. 11. June 2021 Recent reports of Danish intelligence cooperating with the U.S. National Security Agency in monitoring undersea cables in 2012-14 have briefly pushed Edward Snowden’s revelations back into the news, but the more significant development is change in the legal landscape for bulk surveillance on both sides of the Atlantic.  While the United States government has definitively discontinued a controversial telecommunications metadata collection program exposed [...]
This post was originally published by the Atlantic Council in its New Atlanticist blog, and is reprinted here with the permission of the Council: Do continued EU data flows to the United Kingdom offer hope for the United States? - Atlantic Council. As the Biden administration and the European Commission “intensify” negotiations to re-establish a stable transatlantic data-transfer framework, Brussels separately is moving ahead to enable unrestricted data flows with two other major trading partners: the United Kingdom and the Republic of Korea. [...]
Data localization was a prominent theme among the nearly 200 comments submitted to the European Data Protection Board (EDPB) in response to its November, 2020 draft Guidance (the “Guidance”) about transferring personal data from the EU to third countries.[1] Based on a review of all the comments,[2] approximately 25% of the nearly 200 comments submitted to the EDPB expressed concern that the Draft Guidance would result, in practice, in data localization. Slightly more than 10% of the comments spoke explicitly to [...]
Part 2: On Double Standards and the Way Forward In Part 1 of this article, published here, I explained how the US government tries to exclude Executive Order 12333 and international surveillance from the scope of the EU/US adequacy negotiations and I presented four possible responses to the US arguments. In this second Part, I will enter into a critical approach of the EU position on the relevance of the ECHR and I will argue that the US could reasonably put [...]
Part 1: Countering the U.S. Arguments As the United States (US) and the European Union (EU) “intensify” negotiations to reach a new adequacy decision following the invalidation of Privacy Shield by the Court of Justice of the European Union (CJEU) in its July 16, 2020 Schrems II judgment (discussed here, here and here), one pressing question is what should be included and what should be excluded from the scope of the negotiations. It went unnoticed, but the US submissions to two [...]