Transatlantic Transfer of Personal Data: Rebuilding Trust in EU-US DataRelations?
2015
Introduction: This paper aims to analyse firstly, the extent to which the NSA scandal has
damaged trust in EU-US transfer of data. PNR and SWIFT already raised serious
concerns regarding breaches of data protection rights of EU citizens but the NSA
scandal constituted the last straw in the already troubled waters of transatlantic data
exchanges. While PNR and SWIFT are not the only existing data transfer agreements
between the EU and the US, they are the most contentious. Secondly, this paper will try
to examine whether the Umbrella Agreement can contribute to rebuilding trust in EUUS
relations by laying down a sufficient and effective framework for data protection in
the context of transatlantic cooperation. For that purpose, this paper will first look at the
implications of the NSA scandal for trust in transatlantic data relations. Secondly, the
challenges to transfers of data in EU-US relations will be examined, paying particular
attention to weak level of protection in SWIFT and PNR as well as to their review
process and issues of accountability. Thirdly, an analysis of the Commission’s Non-
Paper on the state of play of negotiations on the Umbrella Agreement will serve as a
ground to assess whether the agreed proposals will provide sufficient safeguards against
the identified concerns. Finally, provisional conclusions will be drawn on the basis of
the current state of negotiations.
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