Working documents on future EU-US data protection agreement

Statewatch released two working documents (DT\830119EN -WD 1 and DT\830120EN– WD2) of the European Parliament’s LIBE Committee on the future of European Union (EU) – United States of America (US) international agreement on the protection of personal data when transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police and judicial cooperation in criminal matters. A third working document will provide comments pertaining to the future data protection agreement.

Only working document 2 is really interesting. In this document Rapporteur Jan Albrecht indicates the difficult points for the negotiations:

– The general problem of ‘patchworks’ of data protection on both sides of the Atlantic,
– The current review of the EU data protection framework, including the integration of data protection law for the private and the public sector,
– The different approach as regards the concept of ‘independent oversight’,
– The principles of proportionality, data minimization, minimal retention periods, and purpose limitation, including ongoing discussions around profiling and data-mining
– The definition of the national security sphere,
– The application of data protection rules, including the right to judicial redress, to every individual, regardless of his or her nationality or place of residence.


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