European Commission

29.4.16: EU-USA: DATA PROTECTION: "UMBRELLA AGREEMENT": Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of an Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses (pdf) and Annex (pdf)

20.2.12: EU-USA:DATA PROTECTION AGREEMENT: PROTECTING THE RIGHTS OF EU CITIZENS? Council of the European Union: EU-US data protection negotiations during 2011 (pdf):

"the US side has a mandate for an “Executive agreement” that does not change existing US law, nor create any new rights"

"The US has rejected the idea to apply the agreement also to data transferred from private parties in the EU to private parties in the US and subsequently processed for law enforcement purposes by US competent authorities."

"a non-discrimination clause, i.e. the application of data protection principles to all data subjects regardless of nationality and place of residence, was discussed. The US is cautious on this as it is linked to the personal scope of protection under the Privacy Act, which is limited to US citizens and permanent residents."

"The US side however acknowledged that no judicial redress is available to non-US individuals who seek correction of their data without having suffered harm. Further discussion is needed."

"data retention, the US side appears to oppose a general obligation enshrined in this agreement to define appropriate retention periods whenever data sharing is agreed (specific agreements, unilateral condition by sending authority), arguing that such limits should be determined by the recipient party's domestic law."

"On purpose limitation (and further use of data), the US envisages to specify the purpose of data processing and further use in the "umbrella" agreement itself and to conceive it widely. This would result that in principle all data could be used for prevention, detection, suppression, investigation or prosecution of criminal offences, protection of public security, for directly related non-criminal and administrative proceedings, or for any other purpose if prior consent is given by the sending authority."

EU-USA DATA PROTECTION AGREEMENT: Commission press release: EU-US Negotiations on an agreement to protect
personal information exchanged in the context of fighting crime and terrorism (pdf).

Commission mandate: a) Commission mandate: a) Explanatory Memorandum and proposed Recommendation (COM 252-10): Proposal for a Council Recommendation to authorise the opening of negotiations for an agreement between the European Union and the United States of America on protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police cooperation and judicial cooperation in criminal matters

b) Mandate: Negotiating Directives (pdf)

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