Security News > 2022 > May > Campaigners warn of legal challenge against Privacy Shield enhancements

European privacy campaigner Max Schrems is warning that enhancements to the EU-US Privacy Shield data-sharing arrangements might face a legal challenge if negotiators don't take a new approach.

In 2020, the European Court of Justice struck down the so-called Privacy Shield after Schrems successfully argued it gave US government agencies access to EU citizens' personal data without commensurate protection.

In March, the US and EU announced they had reached an agreement to enhance the Privacy Shield data-sharing arrangement in a way that would "Enable predictable and trustworthy data flows between the EU and US, safeguarding privacy and civil liberties," according to European Commission president Ursula von der Leyen.

What is Schrems II? Schrems, a former law student, brought the latest edition of the long-running case in 2015, complaining that Ireland's data protection agency still wasn't preventing Facebook Ireland Ltd from beaming his data to the US under Privacy Shield.

In July 2020, the EU Court of Justice struck down the so-called Privacy Shield data protection arrangements between the political bloc and the US, triggering a fresh wave of legal confusion over the transfer of EU subjects' data to America.

Privacy consultant Bill Mew, founder and owner of Mew Era Consulting, said executive orders had been used by US president Donald Trump to revoke protections in the country's Privacy Act for information held by the state on non-US citizens, part of the basis in law that undermined Privacy Shield.

News URL

https://go.theregister.com/feed/www.theregister.com/2022/05/26/privacy_shield_schrems_warning/