From Safe Harbour to EU-US privacy shield: necessary but insufficient

In 2013, Edward Snowden unveiled the scope of the American surveillance in Europe. In direct response to these revelations, Viviane Reding launched the reform of Safe Harbour to ensure that the exchange of data between European and American companies happens in full respect of citizens' right to privacy (http://europa.eu/rapid/press-release_MEMO-13-1059_en.htm). Two years later, some progress has been made on the other side of the Atlantic. But Viviane Reding finds the outcome ambiguous and deems the proposed Commission decision premature.

"There is progress on the other side of the Atlantic. The enhanced cooperation of the European data protection authorities with the Department of Commerce and the Federal Trade Commission is a positive development. So is the annual joint review. The appointment of an Ombudsperson is an interesting new institutional feature, but his true powers remain vague. The question remains: will this be enough to protect personal data and provide legal certainty?" declared Viviane Reding.

The former Vice-President of the European Commission continued: "On the central point, the new text is disappointing. The commitment to limit mass surveillance on EU citizens is only ensured by a written letter from US authorities. Is this sufficient to limit, oversight and prevent generalised access to data of EU citizens?  I have serious doubts if this commitment will withstand a possible new examination of the European Court of Justice.”

She concluded: “What we need are legally binding obligations without conditions. Safe Harbour will not be 'safe' just by giving it a different name."