On 13 April 2016, Article 29 Working Party adopted an Opinion on the EU–U.S. Privacy Shield draft adequacy decision. In it the WP29 makes assessment and legal analysis of the published on 29 February 2016 draft adequacy decision and the annexed texts constituting a new framework for transatlantic exchanges of personal data for commercial purposes: the EU-U.S. Privacy Shield (Privacy Shield), which seeks to replace the previous U.S. Safe Harbour invalidated by the Court of Justice of the European Union (CJEU) on 6 October 2015.
Working Party welcomes a number of positive aspects on the Privacy Shield, taking into account the introduction of key definitions, mechanisms for supervision of the agreement and mandatory investigation of complaints of individuals. At the same time there are serious concerns about the part concerning the obligations of companies (commercial aspect) and on the access to personal data by public authorities (national security aspect).
The annual joint review mechanism mentioned in the draft adequacy decision is a key factor to the overall credibility of the Privacy Shield and the WP29 greatly welcomes the opportunity this would present to review the adequacy decision. In this regard, the WP29expects representatives of national supervisory authorities of the Member States to fully participate in the review process.
In its Opinion the WP29 notes the major improvements the Privacy Shield offers compared to the invalidated Safe Harbour decision. Given the concerns expressed and the clarifications asked, the WP29 urges the Commission to resolve these concerns, identify appropriate solutions and provide the requested clarifications in order to improve the draft adequacy decision and ensure the protection offered by the Privacy Shield is indeed essentially equivalent to that of the EU.
Providing full text of the Opinion in еnglish language and summary in bulgarian language.
