European Commission Finds US Compliant with Data Privacy Framework Amid Criticism
The European Commission has released a report indicating that the United States is complying with a crucial privacy framework designed to protect European citizens’ data. This framework governs how thousands of tech companies share information across the Atlantic, ensuring that data is not misused when transferred to the US. The report highlights that the US authorities have established necessary structures and procedures to ensure the framework operates effectively, including the creation of a US oversight authority.
Currently, over 2,800 US companies are certified under this framework, allowing for more efficient and cost-effective data exchanges. The framework was introduced in 2023 following the EU’s highest court’s rejection of previous data-sharing agreements, namely the Privacy Shield and Safe Harbor. A year after its implementation, the Commission, in collaboration with the European Data Protection Board (EDPB) and various US governmental representatives, assessed how well the framework has been put into practice.
Despite the Commission’s positive assessment, privacy advocates express concerns regarding potential loopholes in the framework. Critics, including Philippe Latombe, a former member of the French data protection authority, argue that the US has not fully adhered to its commitments. He referenced the Foreign Intelligence Surveillance Act (FISA), which allows US intelligence to collect data from American platforms. Latombe emphasized that the Commission is aware of these issues yet fails to take appropriate action based on its findings.
Activist group NOYB has also voiced dissatisfaction with the report, claiming it reflects the Commission’s self-assessment rather than an objective review. They pointed out that despite numerous positive reports from the Commission, the EU Court of Justice has frequently identified significant violations. Meanwhile, industry stakeholders, such as the Business Software Alliance, welcomed the report, viewing it as confirmation of the US’s commitment to data protection standards. The next assessment of this framework is scheduled for three years from now.
Source: EU endorses its US data-sharing deal, as privacy advocates point to loopholes