A lawyer for Ireland’s Data Protection Commissioner (“DPC”) has said that the European Commission (“the Commission”) is due to finalize a new data transfer pact with the United States (“US”) by mid-July.
On the 3rd of July, the US Secretary of Commerce issued a statement regarding the EU-US Data Privacy Framework indicating that the US has fulfilled its commitments for implementing the Data Privacy Framework.
One of these commitments is the Department of Justice’s designation of the European Union Member States, Iceland, Liechtenstein and Norway as ‘qualifying states’ whose citizens are able to file for redress through the proposed Data Protection Review Court while obtaining enhanced US privacy protections as established under Executive Order 14086 (“EO 14086”). This designation will, however, only take effect upon finalization of the Commission’s adequacy decision with the US.
Another commitment that has been made is the Office of the Director of National Intelligence confirmed that the US Intelligence Community has adopted its policies and procedures pursuant to EO 14086.
The US believes that taken together, the strengthened safeguards for signals intelligence activities established in EO 14086, the designation of the EU/EEA as qualifying states, the adoption of the Intelligence Community’s implementing procedures and the updated EU-US Data Privacy Framework principles will enable the EU to move forward with the adoption of an adequacy decision for the US. It remains to be seen if the new data transfer pact, which will be presented to the Commission’s collective decision-making body in mid-July, will be acceptable.
The Commission has indicated that it is currently finalizing the framework and repeated that it expects it to be in place this summer. Until there is more clarity surrounding the EU-US Data Privacy Framework, organizations must ensure they adhere to the available transfer mechanisms and that the supplementary measures are implemented.
Does your organization have any questions about transferring personal data internationally to the US? Contact us, the Experts in Data Privacy at email@example.com for assistance.