WP29 releases opinion on joint review of Privacy Shield
The Working Party 29 (WP29), an independent European advisory body on data protection and privacy, has evaluated the Privacy Shield agreement (framework for transatlantic exchanges of personal data for commercial purposes between the European Union and the United States, see also our report on One year of Privacy Shield).
In its joint review, the WP29 focusses on the assessment of commercial aspects and governmental access to personal data for national security purposes.
Though acknowledging progress, the WP29 still finds unresolved issues on both sides.
It criticizes the lack of guidance and clear information on the principles of the Privacy Shield, especially with regards to onward transfers, the rights of the data subject and remedies.
The US authorities are further requested to clearly distinguish the status of data processors from that of data controllers.
Another important issue to be tackled is the handling of Human Resource (HR) data and the rules governing automated-decision making and profiling.
Also, the process of self-certification for companies requires improvement.
In terms of access by public authorities, the WP 29 concludes that the US government has made effort to become more transparent.
However, some of the main concerns still are to be resolved by May 25th, 2018.
The WP 29 calls for further evidence or legally binding commitments to confirm non-discrimination and the fact that authorities don’t get access on a generalized basis to data transferred to the USA from the EU.
Aside from these matters, an Ombudsperson still needs to be appointed and her/his exact powers need to be specified. According to the WP 29, the existing powers to remedy non-compliance are not sufficient.
In case no remedy is brought to these concerns in the given time frames, the members of WP29 will take appropriate action, including bringing the Privacy Shield Adequacy decision to national courts for them to make a reference to the Court of Justice of the European Union (CJEU) for a preliminary ruling.
