As part of an on-going debate on the European data protection
reform, doubts were cast over the adequacy of the Safe Harbor
arrangements with the United States. Viviane Reding, the European Commissioner for
Justice, Fundamental Rights and Citizenship, called the 13-year-old
data-sharing agreement between the EU and the United States a
potential "loophole for data transfers," which does not
provide adequate protection. "The Safe Harbour agreement may
not be so safe after all," she said when announcing a review
of the cross-Atlantic agreement.
The existing General Data Protection Directive prohibits
cross-border transfers of personal data to countries not recognised
as providing adequate protection for the processing of personal
data, unless certain mechanism are in place. The U.S.-EU Safe
Harbor Framework attempts to transpose European data protection law
into that of the United States, such data transferred to companies
certifying adherence to the framework as deemed
