Civil rights activists: Commission sidelines fundamental rights in EU-US data exchange

Civil rights organization European Digital Rights (EDRI) is making serious allegations against the EU Commission regarding the data exchange agreement with the US. Eleven years after the Snowden revelations and associated outrage, mass surveillance based on the EU-US data protection framework continues, the umbrella organization complains. The EU appears to have now adopted a “business as usual” attitude, which would suggest at least some tolerance for the continued large-scale collection of information about Internet users by some countries, such as the United States. Is.

Advertisement

Not surprising: Nationwide rollout of e-patient records is being postponed

A typical example of this development EDRI leads Recent review of the EU Commission’s adequacy decision for transfers of personal data from the European Union to the United States. EU Commission reaches conclusion (PDF) that US authorities have introduced all essential elements of the Data Privacy Framework (DPF). These include implementing safeguards to limit U.S. intelligence access to personal data to the extent necessary and proportionate to protect national security, and establishing an independent redress mechanism.

Hardly any improvement in US surveillance laws

With the report, the Commission is downplaying “significant concerns about government and commercial surveillance”, EDRI complains. It glosses over the “fundamental problems” that led to the repeal of previous agreements like Safe Harbor and Privacy Shield. This appears to be a signal to compromise on data protection and individual freedoms in order to ensure a smooth transatlantic data flow and strengthen the EU’s position in an increasingly competitive global environment. This approach highlights the growing gap between the EU’s self-proclaimed values.

The European Court of Justice (ECJ) ruled in the Schrems I and II cases that US surveillance practices, particularly Section 702 of the Foreign Intelligence Surveillance Act (FISA) and Order 12333, violate EU citizens’ data protection rights, civil rights has been violated. The workers explain. Contrary to the Commission’s assurances that the DPF would respond, little has actually changed in US law. The situation is being worsened by increasing surveillance advertising and data hunger from artificial intelligence (AI).

EDRi therefore recommends that the Commission not wait for a possible Schrems III decision. Rather, the EU and the United States must face up to their responsibility to protect fundamental rights. Also the European Data Protection Board (EDPB) I recently requestedThat the Commission should consider future FISA developments – particularly following the expansion of Section 702.

(Mac)