Out-Law / Your Daily Need-To-Know

Reports suggest that the EU is unlikely to demand amendments to current data protection proposals being negotiated with the US. The Internal Market Commissioner, Frits Bolkestein, has recommended that the Commission should proceed with the so-called Safe Harbour scheme, saying it will give “adequate protection” to personal data being transferred to the US. 

The 15 governments of the EU have already approved the agreement that is designed to facilitate easier transfer of consumer data in the insurance, financial services, tourism and aviation sectors.

At present the transfer of data outside the UK or other EU countries is limited by data protection legislation to prevent transfers to countries without adequate data protection laws. The US has no equivalent legislation, instead relying on a self-regulatory system.

However, the European Citizen’s Freedoms and Rights Committee had previously expressed its concern that the Safe Harbour measures were not effectively monitored and enforced by the US Department of Commerce. Despite this opposition, the European Parliament appears to believe that the agreement will not need re-negotiation.

Bolkestein has proposed that the European Commission should formally recognise the Safe Harbour agreement.

He has also undertaken a series of responsibilities in implementing the arrangement, including reporting to the Parliament on how the program functions, conveying to the US any Parliamentary concerns over its functioning and making it clear that the Commission will re-open negotiations if the remedies prove too weak.

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