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Trump’s presidential order may threaten Privacy Shield agreement

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Trump’s presidential order may threaten Privacy Shield agreement

The executive order specifies that "agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens." This spared concern that this would effectively strip EU citizens of the data protection rights that the Privacy Shield agreement is supposed to guarantee. 

According to EUobserver, EU justice commissioner Vera Jourova is now seeking reassurance that the data transfer agreement can remain in place.

However, the Hunton & Williams Privacy & Information Security Law blog examined the relevant legal framework, and estimated that the executive order should not impact the legal viability of Privacy Shield. This seems to be the initial view of the European Commission, which said to TechCrunch that Privacy Shield “does not rely on the protections under the U.S. Privacy Act”.

The Privacy Shield agreement was adopted in July last year after long negotiations that followed the cancellation of its predecessor, Safe Harbour

Author

Teemu Henriksson's picture

Teemu Henriksson

Date

2017-01-30 12:12

Author information

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