In a 58-page opinion published April 13, 2016, the influential European Union Article 29 Working Party (WP29), which includes representatives of the data protection authorities of the 28 EU Member States, expressed significant concerns with respect to the terms of the proposed EU-US Privacy Shield that is intended to replace the EU-US Safe Harbor.

The WP29 made numerous critiques to the proposed EU-US Privacy Shield framework.  Some of which include, for example, the lack of consistency between the principles set forth in the Privacy Shield documents and the fundamental EU Data Protection principles outlined in the 1995 EU Data Protection Directive, the proposed EU General Data Protection Regulation, and related documents.

The WP29 group also requested clearer restrictions for the onward transfer of personal information that occurs after personal data of EU residents is transferred to the US.  The WP29 is especially concerned with the subsequent transfer of data to a third country, outside the United States.  In addition, the WP29 continues to be concerned about the effect, scope, and effectiveness of the measures proposed to address activities of law enforcement and intelligence agencies, often described as a “massive collection” of data.

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