The European Commission released a report questioning the effectiveness of the U.S.-EU Safe Harbor framework. The Safe Harbor arrangement allows data to be transferred from EU Member States to companies in the U.S. that have promised to adhere to a set of privacy practices. The report cited "large scale access by intelligence agencies to data transferred to the US by Safe Harbour certified companies" as a key concern. The report of the European Commission recommends a variety of measures designed to strengthen Safe Harbor, such as increasing investigations into compliance, limiting the national security exception to cases that are "strictly necessary or proportionate," and facilitating access by EU citizens to alternative dispute resolution providers. EPIC has previously recommended that the US support the EU Data Protection Regulation and adopt an international framework for privacy protection. For more information, see EPIC: EU Data Protection Directive.
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Communications Law and Policy
Jerry Kang and Alan Butler