US unveils new Privacy Shield on October 3

EU-VS datatransfers binnenkort legaal dankzij nieuw Privacy Shield

Three people familiar with the matter told POLITICO that the White House will introduce the long-awaited successor to Privacy Shield as early as October 3.

The new Privacy Shield aims to address European complaints about US surveillance methods. According to Politico sources, the decree will be signed and announced by President Joe Biden on October 3.

Peter Swire, the former chief privacy adviser to the Clinton Cabinet, expects the rules to be linked to new US laws that tighten oversight of US intelligence agencies.

Peter Swire is currently a professor at Georgia Tech, a university in Atlanta. Swire contributed to the legal basis on which the Privacy Shield was introduced.

Approval procedure

According to an anonymous White House official, the foundation for the upcoming Privacy Shield is ready. Once the document is made public, the approval process by the European Commission begins. This process may take up to six months. The new Privacy Shield is expected to be available in March 2023.

Although no details were disclosed about the content of the decision, four insiders said the Privacy Shield imposes restrictions on US intelligence agencies wishing to process European and US personal data.

In addition, there are new guidelines for the way authorities carry out monitoring activities. It is expected that personal data will be used more often for national security purposes in the European Union and the United States.

Privacy Shield in the background

In March 2022, Brussels and Washington reached an agreement on a new privacy shield, which would allow different data – from payroll data to family photos – to be shared between the US and the EU.

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News regarding the details and operation of such an agreement is stagnant so far. European Commission members were concerned that any new deal with the United States would be immediately rejected by European courts.

The first Privacy Shield was lifted on July 16, 2020, after European courts ruled that the agreement did not adequately protect European personal data from intrusion by US intelligence services. Negotiations over the arrival of the new Privacy Shield began that same year. The end now seems near.

advice: Data transfers between the EU and the US will soon be legal thanks to the new Privacy Shield

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