Brussels, 26/05/2016 (Agence Europe) - The European Commission should continue its negotiations with the United States to remedy the shortcomings in the 'Privacy Shield' mechanism governing the transfer of personal data of European citizens to the United States for commercial purposes, the EP said in a non-legislative resolution adopted on Thursday 26 May by a considerable majority (501 votes in favour, 119 against and 31 abstentions) (see EUROPE 11558).
In early February, the Commission presented the results of its negotiations with the United States on the new framework, which will replace the 'Safe Harbour' mechanism (see EUROPE 11501 and 11481). This mechanism was overturned by the Court of Justice of the EU on 6 October 2015 following the 'Schrems' case (see EUROPE 11404).
However, the new mechanism is still not enough, in the view of the MEPs, who called in their resolution upon the Commission and the American administration to improve it on a number of points, such as the access of the American authorities to the data transferred and the option to collect data 'in bulk' subject to certain conditions, a provision which they feel does not respect the criteria of 'necessity' and 'proportionality' established by the European Charter of Fundamental Rights. The EP is also seeking clarification on the appointment of a mediator by the United States, a new body that the MEPs feel is certainly a step forward, but which is “not sufficiently independent” and does not have “sufficient competences to work effectively and enforce its activities”. It also expresses concern at the complexity of the recourse mechanism available to the European citizens, which the Commission and the American government should make “more accessible and more effective”.
All of these shortcomings have been acknowledged by the competent Commissioner, Vera Jourova. On the evening of Wednesday 25 May, she explained to the MEPs that she was currently in talks with her American counterpart on these issues, to ensure “full confidence” in the new mechanism, for the citizens and businesses that use it.
In the view of the Dutch Presidency of the Council of the EU, the new mechanism considerably improves protection for Europeans, particularly through the recourse mechanisms available. Bert Koenders, the Dutch Minister for foreign affairs, called upon the Commission to adopt the adequacy decision, which will make the system operational, as soon as possible. The Commission is planning to continue its talks and make the new mechanism operational this summer, Jourova stressed. For their part, the representatives of the member states will approve the mechanism in June under the comitology procedure ('Article 31' committee).
In Amsterdam on 2 June, the Justice and home affairs ministers of the EU, meeting informally with their American opposite numbers, will also sign the transatlantic framework agreement on the protection of personal data, which will be used as a reference framework in the treatment of personal data in all criminal and police cooperation instruments between the EU and the United States. This time, the EP will have to give its formal blessing. (Original version in French by Solenn Paulic)