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EU-USA "UMBRELLA" DATA PROTECTION AGREEMENT: European Parliament Study: A comparison between US and EU data protection legislation for law enforcement purposes
09 October 2015
"The proposed Judicial Redress Act will not solve the structural imbalance between the protection of US and non-US persons. The Draft Act has a limited scope, referring only to “covered records”.... Therefore, the Judicial Redress Act does not necessarily guarantee equal rights to EU and US persons....
A further indispensable point concerns the still ongoing collection of foreign intelligence in the framework of Section 702 of the FISA Amendment Act and Executive Order 12333. The FREEDOM Act did not bring about any major changes regarding these instruments with regards to the protection of EU citizens. A future instrument regulating data exchange should address these two issues, as serious questions on their compatibility with EU fundamental rights arise (see recent opinion of Advocate General Bot in the Schrems case"
See the full text:
A comparison between US and EU data protection legislation for law enforcement purposes (pdf)
This is the first study carried out by the EP:
The US legal system on data protection in the field of law enforcement. Safeguards, rights and remedies for EU citizens (pdf)
See:
European Ruling is Merely a Symbolic Victory for Privacy (NYT Editorial, link):
"The Court of Justice is right to question whether the personal information of Europeans is being protected adequately in the United States. But mass surveillance by European governments is just as intrusive of privacy, and requiring data storage in Europe offers little comfort." echoied by another US VIIEW OF EU COURT JUDGMENT:
Europe’s top court goes off the rails - The court has ripped apart a data transmission system that will be a nightmare to repair.(politico, link) Also Commission advice on
Transfers Abroad: Currently there are other ways of tranferring data to a third states - by-passing the adequacy rule (link), though these may not hold when the judgments of the CJEU are taken into account.