The Article 29 Working Party, which includes representatives from all EU Data Protection Authorities, released its much-awaited guidance on the judgment by the European Court of Justice declaring the European Commission’s decision on the Safe Harbor to be invalid. Described as “a collective and common position on the judgment,” the “first consequences to be drawn at European and national level” are as follows:
A new EU-US data protection “Umbrella Agreement” has been finalized which once in force will implement a high-level data protection framework to cover the transfer of personal data from the EU to US authorities for the purposes of law enforcement. Although this new agreement relates only to the transfer of information for law enforcement purposes, those issues have been particularly sensitive post-Snowden. Accordingly, the finalization of this agreement may alleviate a particular point of contention and suggest that the overall discussions on the EU-US Safe Harbor are more likely to result in the continuation of that broader agreement.
On August 18, 2015, the UK Information Commissioner’s Office (ICO) issued an enforcement notice against Google ordering the removal of nine search results that linked to information about a certain individual’s criminal offence.
More than three years after the initial proposal for the EU Data Protection Regulation was published by the European Commission, it has been agreed by Europe’s Council of Ministers. The negotiations will now start between the commission, the European Parliament and the Council, in what is known as the “Trilogue” process, to agree the final text of the regulation, which is widely expected to be adopted by the end of 2015 or early 2016. The regulation, once adopted, will have a significant impact not only on EU companies but also on U.S. and other international companies that conduct business in the EU.
Data Protection Law & Policy
In the last few years, privacy has evolved to become a topic of concern for more and more people. Recent studies have also shown that people have stopped using a particular product or service because they were worried about how it used their personal data. However, what is less clear is whether this is a concern for all generations or does the common perception that young people do not care about their privacy hold some element of truth? William Long, Geraldine Scali and Francesca Blythe, Partner, Senior Associate and Associate respectively at Sidley Austin LLP, explore this question.