Mike Bradford 300Mike Bradford, one of BIIA’s a contributing editors and expert in privacy and data protection matters has provided us with highly relevant comments on the implications of the General Data Protection Regulation (GDPR) and the major setback in the discussions towards a rapid adoption of the EU-US Privacy Shield political agreement which was reached by the European Commission and US authorities on 2 February 2016, intended to replace the Safe Harbour agreement which was struck down by the European Court of Justice last October.

On 26 May, the European Parliament (EP) adopted, by an overwhelming majority (501 in favour, 119 against and 31 abstentions), a resolution calling on the European Commission to reopen negotiations with the US in order to secure further improvements to address the agreement’s deficiencies. While welcoming the substantial improvements included in the Privacy Shield agreement compared to the previous Safe Harbour deal, the European Parliament pointed out a list of major deficiencies to be addressed.  

MEPs voiced their concerns about the provisions related to the access by US authorities to data transferred under the new agreement; claimed that the bulk collection of data as envisaged in the deal would fail to meet the stricter criteria of necessity and proportionality as required under the EU Charter of Fundamental Rights; considered the new proposed US Ombudsperson as not sufficiently independent and not vested with adequate powers to effectively exercise and enforce his duty; pointed out the complexity of the redress mechanism as proposed in the new agreement. Furthermore, the EP asked the European Commission to conduct periodic and robust reviews on the EU-US Privacy Shield’s adequacy in the light of the application of the new EU legislation on data protection in 2018.

To read the full commentary, please click in this link:  JUN16-newsletter-icm (2)

BIIA is delighted to report that Regulatory Strategies have been shortlisted for the UK Data Protection Consultancy of the Year Award 2016 – the award which it won in 2014.  Congratulations.