In Strasbourg on Thursday 6 April, MEPs adopted a non-binding resolution on Privacy Shield, which covers the transfer to the United States of personal data of a commercial nature. During a debate with European Justice Commissioner Vera Jourova on Wednesday evening, they continued to criticise the mechanism.
In this resolution, adopted by 306 votes to 240 with 40 abstentions, the MEPs expressed concerns regarding certain developments earlier this year, such as new rules allowing the American National Security Agency (NSA) to share private data with other American agencies without a court ruling.
They urged the Commission to carry out an in-depth assessment and ensure that Privacy Shield offers sufficient protection for EU citizens' personal data, in line with the EU's Charter of Fundamental Rights and new European data protection rules.
“This resolution aims to ensure that the privacy Shield stands the test of time and does not suffer from critical weaknesses”, explained Claude Moraes (S&D, UK), the author of the resolution. “We recognise that significant progress has been made since Safe Harbour, but there are still gaps that urgently need to be plugged to guarantee legal certainty to all citizens and businesses covered by the agreement”.
On Wednesday evening, the former European Commissioner responsible for the dossier, MEP Viviane Reding (EPP, Luxembourg), said that she felt Privacy Shield was already becoming a “smokescreen”.
In their resolution, the MEPs flag up specific issues such as the lack of independence of the mediation mechanism set in place by the American Department of State and the fact that the current American government has not appointed a new mediator. In particular, they expressed concern that neither the principles of Privacy Shield nor the letters of the American government prove the existence of actual rights to take court action for EU citizens whose data have been transferred to the US.
The first joint assessment of the mechanism will take place in September and Commissioner Jourova promised the MEPs, on Wednesday evening, that it would be thorough. (Original version in French by Solenn Paulic)