EU/US "umbrella agreement" for data transfers: Viviane Reding welcomes a significant step to rebuild trust in the transatlantic relationship

09.09.2015 14:07

EU/US "umbrella agreement" for data transfers: Viviane Reding welcomes a significant step to rebuild trust in the transatlantic relationship

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Views expressed here are the views of the national delegation and do not always reflect the views of the group as a whole

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After four years of negotiations, the umbrella agreement for transfers of data in the context of police and judicial cooperation has finally been initialled. European concerns following the Snowden revelations are being addressed. Once finalised, this agreement will ensure that data transferred across the Atlantic for law enforcement purposes is processed with appropriate safeguards for the protection of citizens' privacy. In particular, it will provide them with the right to access their data, to rectification if needed and to information in case of security breaches. It will also lay down clear limitations for law enforcement authorities, such as clear retention periods and purpose limitations. This significant progress is the only way forward to rebuild trust in the digital economy and in the transatlantic relationship.

To finalise the negotiations, the US Congress must now pass the Judicial Redress Act to grant reciprocal right of redress to US and EU citizens so that they can obtain compensation for unlawful disclosures of their data. Before giving its consent, the European Parliament will also make sure that there is no backdoor, neither in the agreed text, nor in US law. The agreement's success will hinge on both parties' resolve to fully implement their commitments and to always use legal channels. Yesterday's announcement is a significant but indecisive step forward. Our American partners now need to turn these opportunities into enforceable rights.

National security and data protection must go hand in hand. Data protection should not be a straightjacket hindering security enforcement. National security should not be an excuse to give a blank check to law enforcement authorities. This balance is good for the privacy of citizens, the trust in digital companies and the information-sharing between public authorities. With solid foundations in place, no authority will have any reason to block data transfers. While data flows easily across the Atlantic, EU citizens' rights cannot be blocked at the US' borders.

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