European Privacy Board Report Criticizes Privacy Shield Compliance

January 25, 2019

A report from the European Data Protection Board, an influential independent European privacy body, criticizes U.S. oversight of the EU-U.S. Privacy Shield. The European Commission recently renewed the framework permitting the flow of European consumers' personal data to the U.S. However, the Board now states U.S. oversight of compliance lacks "substantial checks." The EU Data Protection Board encouraged the Privacy and Civil Liberties Oversight Board to review U.S. surveillance authorities, and stated that the Privacy Shield Ombudsperson could not be considered an "effective remedy" for privacy violations. During review of Privacy Shield, EPIC cited concerns about the failure of the FTC to enforce the 2011 Consent Order against Facebook, passage of the CLOUD Act, and renewal of bulk foreign intelligence surveillance.

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