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Europe OKs 'Privacy Shield' for Data Transfers to US

The agreement establishes privacy standards for governments and private companies.

 & Tom Brant Managing Editor

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Europe today moved a step closer to implementing a "privacy shield" intended to protect data traveling between the US and the European Union.

EU member states ratified a privacy agreement that will require companies and governments to treat transatlantic data with the same privacy protections afforded to data within the US or Europe.

The moves comes after Europe's high court in October ruled that an international agreement for the transfer of digital data between the European Union and the United States was invalid. At the time, the so-called Safe Harbor deal ensured that 4,000-plus European and American tech and non-tech businesses would treat data moving between countries with the same privacy protections as inside the region.

Since then, both sides have been trying to hammer out a replacement deal. They announced a plan in February, which was accepted by the EU today. According to The Guardian, it goes into effect on Tuesday.

Currently, electronic privacy laws in the US are not as strong as they are in Europe, where regulators have repeatedly threatened penalties against Facebook, Google, and other tech companies for perceived privacy violations. Regulators were also concerned about surveillance in the wake of the Snowden leak.

With the new privacy shield, American authorities have promised that law enforcement and government access to users' data "will be subject to clear limitations, safeguards and oversight mechanisms," and will not involve "indiscriminate mass surveillance of European citizens' data," European Commission Vice President Andrus Ansip and Commissioner Vera Jourová said in a joint statement.

"The EU-U.S. Privacy Shield will ensure a high level of protection for individuals and legal certainty for business," they said. "It is fundamentally different from the old 'Safe Harbour': it imposes clear and strong obligations on companies handling the data and makes sure that these rules are followed and enforced in practice."

EU citizens, for example, can file complaints if they believe their privacy has been violated. They will be handled by an office within the State Department, Reuters says, and must be addressed within 45 days.

The organization representing the tech world, DigitalEurope, said it was pleased by the news.

But some privacy advocates have criticized the new agreement for not doing enough to protect user data. Privacy International, a UK-based advocacy group, called it an "opaque document that will be a field day for law firms," and said that the ombudsman's position it would set up to monitor claims of privacy violations has weak enforcement power.

Citing a leaked version of the agreement, Privacy International legal officer Tomaso Falchetta wrote in a blog post that "the Privacy Shield Ombudsperson will neither confirm nor deny whether the individual has been the target of surveillance nor will the Privacy Shield Ombudsperson confirm the specific remedy that was applied."

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

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