The European Parliament had given the US authorities until Saturday 1 September to fully comply with the transatlantic data protection programme, Privacy Shield.
In a resolution adopted on 5 July, it called for suspension of the system should the Trump administration fail to take the necessary measures in the meantime (see EUROPE 12056).
“We will continue to keep the pressure on institutions to make sure the deal is watertight. We do not believe that, in its current form, it is adequate yet, and the main consequence of that is that the Court of Justice may well invalidate the decision”, the chairman of the European Parliament civil liberties committee, Claude Moraes (S&D, Britain), assured on Monday 3 September.
He set out the European Parliament’s intentions, which are not to have the agreement cancelled without any consideration but to use its influence to highlight failings which have not been fully dealt with.
Two years have gone by since Privacy Shield took effect, but the EU is still waiting for the White House to appoint all the senior officials for supervising the agreement, and for a permanent independent mediator.
Nearly one year ago, MEPs were already wondering whether the Privacy Shield would undergo the same fate as its predecessor, Safe Harbour, invalidated by the EU Court of Justice (see EUROPE 11898).
The Article 29 group – replaced by the European data protection committee – had also threatened to take Privacy Shield to Court unless concerns were taken into account (see EUROPE 11920).
More recently, the technology industry spoke out calling for a permanent mediator to be appointed (see EUROPE 12078).
Nonetheless, for the American authorities, the only real interlocutor is the Commission. At the end of July, the latter’s tone had grown tougher. It gave the US authorities until the month of October to take the necessary provisions (see EUROPE 12074).
In July, Vera Jourova, EU Justice Commissioner, had told MEPs that “the Commission will not hesitate to meet its obligations and to use its power to suspend the Privacy Shield for private data protection”. She continues, however, to believe that suspension at this stage is not warranted.
The second assessment of the data security system, to take place on 18 October, will no doubt be the truly crucial stage. (Original version in French by Marion Fontana)