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Deutsch: EK-Verhandlungsmandat für Datenschutzabkommen zwischen der EU und den...
On 26 May 2010, the European Commission (EC) announced having drafted a mandate for the negotiation of a data protection agreement with the US in view of ensuring a high level of protection of personal information, such as passenger data or financial information transferred within the transatlantic police and judicial co-operation in criminal matters.
"Fundamental rights must be protected and respected at all times. I want an EU-US agreement that protects personal data rights while fighting crime and terrorism", said Viviane Reding, European Commission Vice President for Justice, Fundamental Rights and Citizenship.
The proposal of the Commission comes after the European Parliament rejected in February 2010 the interim EU-US banking data exchange agreement for tracking terrorism, due to the lack of proper data privacy safeguards.
According to EC's statement, the data protection agreement would "enhance" the EU citizens' right to access, rectify or delete data where appropriate and it would give independent public authorities a stronger role in helping people exercise their privacy rights and in supervising transatlantic data transfers.
"Under the Commission's proposal the transfer or processing of personal data by EU or US authorities would only be permitted for specified, explicit and legitimate purposes in the framework of fighting crime and terrorism," said the Commission statement. "There would be a right to access one's personal data and this would be enforceable in courts. (....) There would be a right to have one's personal data corrected or erased if it is found to be inaccurate and there would be an individual right of administrative and judicial redress regardless of nationality or place of residence."
Also, according to the proposal, the European Parliament will be informed at all stages of the negotiations and will have to give its consent to the result of the negotiations.
Presently, a new "Terrorism Financing Tracking Programme" (TFTP) is being negotiated by EC with the US. The negotiations are supposed to end in a few months time which means that the TFTP will probably be agreed upon before a data protection agreement has been concluded. Such an agreement will need at least a year to be negotiated as it has to be approved by the European Parliament.
According to the EC, in case the TFTP proves later on to show inconsistencies with the data protection agreement, it "would need to conform to the new agreement, following a transitional period."
The draft mandate is to be presented by Commissioner Reding to the EU's current Spanish Presidency and the European Parliament. On 3-4 June the EU justice ministers are to meet in Brussels to discuss the Commission proposal.
EU moves on data protection deal with US (27.05.2010)
http://euobserver.com/9/30144/?rk=1
European Commission seeks high privacy standards in EU-US data protection
agreement (26.05.2010)
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/10/609&...
European Commission proposes ground rules for data transfers to US
authorities (26.05.2010)
http://www.out-law.com//default.aspx?page=11064
EU seeks transatlantic privacy rules (27.05.2010)
http://www.euractiv.com/en/justice/eu-seeks-transatlantic-privacy-rule...
EDRi-gram: EU bank data transfer on the table of the EU institutions
(27.04.2010)
http://www.edri.org/edrigram/number8.8/data-transfers-us-eu-discussion...