Proposed EU-U.S. Data Transfer Plan Needs Work, Privacy Board Says
The U.S. personal data protection is better than previous trans-Atlantic data transfer mechanisms, but "concerns remain," the European Data Protection Board (EDPB) said Tuesday. Its opinion on the EC decision saying the U.S. now ensures adequate data protection (see 2212130040)…
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welcomed "substantial improvements" such as the introduction of requirements embodying the principles or necessity and proportionality for U.S. intelligence gathering of data and the new redress mechanism for EU data subjects. However, it said it has concerns with some rights of data subjects, onward transfers, the scope of exemptions, temporary bulk data collection, and the practical functioning of the redress mechanism. The EDPB said adopting the adequacy decision and its entry into effect should be conditioned on the U.S. updating its policies and procedures to implement executive order 14086 (which introduced the concepts of necessity and proportionality for U.S. signals intelligence) by all U.S. intelligence agencies. It recommended the EC then assess the updated policies and procedures and report back to the board.