Privacy Shield Does Not Achieve Adequacy Of Protection Under Current Regime, Say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party ('WP29') published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating trans-Atlantic data flows, achieved an adequate level of protection. The WP29 acknowledged that many of the shortcomings of Safe Harbor have been addressed; however, they stated that "some key principles as outlined in European law are not reflected [in the Privacy Shield]," and went on to identify "strong concerns" and make a number of suggested improvements. The WP29's opinion is not binding and it does not halt the process in the EU of formally approving the Privacy Shield, although, at the very least, the opinion will be grist to the mill for the Privacy Shield's detractors.