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Citation 10

~~— having regard to its Resolution of 6 April 2017 on the adequacy of the protection afforded by the EU-US Privacy Shield12 _________________ 12 Text adopted, P8_TA(2017)0131~~deleted

2018/04/25
Committee: LIBE

Daniel DALTON

Recital I

I. whereas in its Resolution of 6 April 2017, the European Parliament, while acknowledging that the EU-U.S. Privacy Shield contains significant improvements regarding the clarity of standards compared to the former EU- U.S. Safe Harbour, also considers that important issues remain as regards certain commercial aspects, national security and law enforcement, whereas it calls on the Commission to conduct, during the first joint annual review, a thorough and in-depth examination of all the shortcomings and weaknesses and to demonstrate how they have been addressed so as to ensure compliance with the EU Charter and Union law, and to evaluate meticulously whether the mechanisms and safeguards indicated in the assurances and clarifications by the US administration are effective and feasibledeleted

2018/04/25
Committee: LIBE

Daniel DALTON

Paragraph 1

1. Takes note of the improvements compared to the Safe Harbour agreement, including the insertion of key definitions, stricter obligations related to data retention and onward transfers to third countries, the creation of an Ombudsperson to ensure individual redress and independent oversight, checks and balances ensuring the rights of data subjects (PCLOB), external and internal compliance reviews, more regular and rigorous documentation and monitoring, the availability of several ways to pursue legal remedy, prominent role for national DPAs in the investigation of claims, and written commitments from the Office of the Director of National Intelligence ruling out indiscriminate mass surveillance; acknowledges that the European Commission is of the view that the U.S. authorities have put in place the necessary structures and procedures to ensure the correct functioning of the Privacy Shield;

2018/04/25
Committee: LIBE

Daniel DALTON

Paragraph 10

10. In view of the recent revelations of misuse of personal data by companies certified under the Privacy Shield such as ~~Facebook and~~ Cambridge Analytica, or oversight from companies certified under the Privacy Shield such as Facebook, calls on the US authorities competent to enforce the Privacy Shield to act upon such revelations without delay in full respect with the assurances and commitments given to uphold the current Privacy Shield arrangement and if needed, to remove such companies from the Privacy Shield list; calls also on the competent EU data protection authorities to investigate such revelations and, if appropriate, suspend or prohibit data transfers under the Privacy Shield;

2018/04/25
Committee: LIBE

Daniel DALTON

Paragraph 13

13. Recommends, in the light of the joint review, that the DoC works with European Data Protection Authorities to provides more precise guidance as regards essential principles of the Privacy Shield such as the Choice Principle, the Notice Principle, onward transfers, controller- processor’s relation and access;

2018/04/25
Committee: LIBE

Daniel DALTON

Paragraph 21

21. Recalls that, as indicated in its Resolution of 6 April 2017, neither the Privacy Shield Principles nor the letters of the US administration provide clarifications and assurances demonstrating the existence of effective judicial redress rights for individuals in the EU in respect of use of their personal data by US authorities for law enforcement and public interest purposes, which were emphasised by the CJEU in its judgment of 6 October 2015 as the essence of the fundamental right in Article 47 of the EU Charter;deleted

2018/04/25
Committee: LIBE

Activities of Daniel DALTON related to 2018/2645(RSP)

Plenary speeches (1)

Amendments (6)

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