Transatlantic Transfer of Personal Data: Rebuilding Trust in EU-US Data Relations?

Santos Vara, Juan and Sanchez-Tabernero, Soledad R. (2015) Transatlantic Transfer of Personal Data: Rebuilding Trust in EU-US Data Relations? [Conference Proceedings] (Submitted)

PDF - Submitted Version Download (270Kb)

Abstract

Introduction: This paper aims to analyse firstly, the extent to which the NSA scandal has damaged trust in EU-US transfer of data. PNR and SWIFT already raised serious concerns regarding breaches of data protection rights of EU citizens but the NSA scandal constituted the last straw in the already troubled waters of transatlantic data exchanges. While PNR and SWIFT are not the only existing data transfer agreements between the EU and the US, they are the most contentious. Secondly, this paper will try to examine whether the Umbrella Agreement can contribute to rebuilding trust in EUUS relations by laying down a sufficient and effective framework for data protection in the context of transatlantic cooperation. For that purpose, this paper will first look at the implications of the NSA scandal for trust in transatlantic data relations. Secondly, the challenges to transfers of data in EU-US relations will be examined, paying particular attention to weak level of protection in SWIFT and PNR as well as to their review process and issues of accountability. Thirdly, an analysis of the Commission’s Non- Paper on the state of play of negotiations on the Umbrella Agreement will serve as a ground to assess whether the agreed proposals will provide sufficient safeguards against the identified concerns. Finally, provisional conclusions will be drawn on the basis of the current state of negotiations.

Actions (login required)