The EU’s two bloc-wide data protection entities weighed in on the EC’s proposed changes to SCCs, meant to satisfy the Schrems II ruling. The European Union’s (EU) data protection authorities have rendered their joint opinions on the European Commission’s (EC) draft revisions of Standard Contractual Clauses (SCC) permissible under the General Data Protection Regulation (GDPR). … Continue reading EDPB and EDPS Issue Opinions On EC’s Draft SCCs
Whether there will be an adequacy decision allowing the free flow of personal data under the GDPR from the EU to the recently departed UK has been punted. And, its recent status as a member of the EU notwithstanding, the UK might not get an adequacy decision. In reaching agreement on many aspects of the … Continue reading UK and EU Defer Decision On Data Flows
The focus was on how the U.S. and EU can reach agreement on an arrangement that will not be struck down by the EU’s highest court. Last week, the Senate Commerce, Science, and Transportation Committee held a hearing on the now invalidated European Union (EU)-United States (U.S.) Privacy Shield, a mechanism that allowed companies to … Continue reading Privacy Shield Hearing
The EU takes steps to respond to the CJEU’s striking down of the EU-US Privacy Shield by augmenting SCCs and other transfer mechanisms. The European Data Protection Board (EDPB) published recommendations for entities exporting and importing the personal data of European Union (EU) residents in light of the court decision striking down the adequacy decision … Continue reading EDPB Publishes Schrems II Recommendations; EU Parliament Issues Draft SCC Revisions
The agency that oversees the data protection of EU agencies has laid out its view on how they should comply with the GDPR after the EU-US Privacy Shield. The European Data Protection Supervisor (EDPS) has published a strategy detailing how European Union (EU) agencies and bodies should comply with the Court of Justice of the … Continue reading Schrems II Guidance
Further Reading “Confusion and conflict stir online as Trump claims victory, questions states’ efforts to count ballots” By Craig Timberg, Tony Romm, Isaac Stanley-Becker and Drew Harwell — Washington Post. When the post-mortem on the 2020 Election is written, it is likely to be the case that foreign disinformation was not the primary threat. Rather, … Continue reading Further Reading, Other Developments, and Coming Events (5 November)
Further Reading “How Facebook and Twitter plan to handle election day disinformation” By Sam Dean — The Los Angeles Times; “How Big Tech is planning for election night” By Heather Kelly — The Washington Post; and “What to Expect From Facebook, Twitter and YouTube on Election Day” By Mike Isaac, Kate Conger and Daisuke Wakabayashi … Continue reading Further Reading, Other Developments, and Coming Events (3 November)
Further Reading “A deepfake porn Telegram bot is being used to abuse thousands of women” By Matt Burgess — WIRED UK. A bot set loose on Telegram can take pictures of women and, apparently teens, too, and “takes off” their clothing, rendering a naked image of females who never took naked pictures. This seems to … Continue reading Further Reading, Other Developments, and Coming Events (22 October)
The EU’s highest court rules against three nations that tried to require that communications providers hand over location data and traffic data in bulk. The Court of Justice of the European Union (CJEU) handed down a pair of rulings (here and here) on the extent to which European Union (EU) nations may engage in bulk, … Continue reading CJEU Puts Limits On Electronic Communications Surveillance
The U.S. tries to lay out the reasons why data can still be transferred from the EU The Trump Administration has released a crib sheet they are hoping United States (U.S.) multinationals will have success in using to argue to data protection authorities (DPA) in the European Union that their Standard Contractual Clauses (SCC) and … Continue reading Commerce White Paper on Schrems II
Michael Kans 