EU data authorities might go to court if Commission forges ahead anyway.
Leaked extracts from an imminent assessment of the EU-US Privacy Shield replacement for Safe Harbour suggests that a key group of EU data protection authorities will not support it in its present form.
It is expected that the Article 29 Working Party will say that it is “not yet in a position to confirm that the current draft adequacy decision does, indeed, ensure a level of protection [in the US] that is essentially equivalent to that in the EU.” Any transatlantic data transfer scheme that does not provide an “essentially equivalent” level of protection is unlikely to withstand a legal challenge in the EU courts.
The leaked extracts, which have been seen by Ars, were found in an online PDF of the mandate for the German members of the Article 29 Working Party, which is expected to publish its official position of the Privacy Shield scheme soon. The extracts were first pointed out on the blog of the lawyer and privacy expert Dr. Carlo Piltz, who wrote: “These excerpts show that the European Data Protection Authorities are not able to okay the draft adequacy decision by the European Commission.” At the time of publishing, it appears the mandate file has been deleted or removed from the Web.
To read the article by Glyn Moody