Friday, September 22, 2023

Maximilian Schrem: Americans should review their copy in terms of privacy and data transfer

Maximilian Schrem: Americans should review their copy in terms of privacy and data transfer

During the ninth edition of Cyber ​​and Trusted Cloud Summer Universities Maximilian Schrem, Austrian lawyer, co-founder of the GDPR, gave an outstanding speech during which he explained that if the GDPR requires few improvements, the new versions of the Privacy Shield instead They raise questions in terms of access to the private data of Europeans by the American government.

In the preamble, Maximilian Schrem explains that five years after the enactment of the GDPR it is not necessary for the moment to add new modifications and recalls that the idea of ​​the GDPR arose after the revelations of Edward Snowden and PRISM that allowed Americans to monitor all communications in the world and, in particular, in Europe. In addition, FISA 702 made it possible to practice close legal surveillance under US law of all foreign communications to protect them against espionage from abroad.

In Europe we had legislation prohibiting the export of data that contained a certain number of exemptions. Thus, the GDPR has reinforced this legislation, making it less flexible with respect to the United States. As a result, the United States has enacted new legislation, the Privacy Shield. However, we note that in all legislation enacted in the United States, there is always the possibility of having access to the private data of Europeans. In addition, American companies that operate abroad are subject to US legislation and in case of requisition they are obliged to provide their data.

He explained that the new Transatlantic Data Privacy Framework (TAPDF) broadly reflects the Privacy Shield, so it does not make any fundamental changes.

Furthermore, EO 14086 Vs PPD 28 signed by President Jo Bidden generally takes up the amendment signed by Barack Obama, focusing on elements of “proportionality” whose cursor is set by the United States, which is why it is subject to suspicion…

Since June 2023, an amendment has been enacted allowing the return of data taken in the context of surveillance to combat espionage…

To conclude, he recommended keeping the data exclusively on European soil. For him, it will be possible to resort to the Court of Justice to bring the United States to his knees, but it will take time.

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