Is Privacy Shield a new Safe Harbour, MEPs in the civil liberties committee (LIBE) asked Tiina Astola, the director general at the European Commission’s DG Justice, a little concernedly on Monday 6 November. Astola was attending the LIBE committee to present the results of the initial assessment of the transatlantic arrangement on data protection.
Highlighting the positive conclusions of the Commission's report that was presented on 18 October (see EUROPE 11886), Astola assured the MEPs that the necessary procedures and structures for guaranteeing the smooth operation of the arrangement had been set up on the US side.
Far from being convinced by Astola's words, Sophie in't Veld MEP (ALDE, Netherlands) denounced an "arrangement that is not exactly watertight from the legal point of view" and that could be rejected before a jurisdiction.
"In a year's time, it could turn out that Privacy Shield is completely torn to shreds like Safe Harbour", Judith Sargentini MEP stated (Greens/EFA, Netherlands), referring to the pre-judicial question put by the Irish High Court of Justice to the European Court of Justice in early October (see EUROPE 11875).
The MEPs also spoke about the thorny issue of appointing a permanent mediator. It is the responsibility of the new US administration to take this decision, with the Commission only being able to push it to act quickly, Astola stated.
"How much time will you still tolerate this?", in't Veld asked, saying that the Trump administration had taken up office ten months ago and that it was now time "to demand" and not simply "to push" the Americans to act. In the view of Axel Voss (EPP, Germany), the provisional appointment of the US mediator is not enough to enable him to be fully involved in his duties.
The US authorities provided the necessary proof of the good implementation of the arrangement, Astola was quick to reply to the MEPs, who were not very convinced. In Astola's view, it is only when the first complaint is lodged that there can be a real assessment of whether the appeal system works well. "It is clear we must continue to be cautious", she nevertheless stated, adding that "our work is not finished with the publication of this report". (Original version in French by Marion Fontana)