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According to a document revealed by Statewatch, the EU and US are negotiating the data protection principles for which common language has been developed. The Group has as purpose to draft a proposal that should deal with the personal data protection in any future EU-US agreements that will deal with this topic.

In November 2007 Paul Rosenzweig, Deputy Assistant Secretary for Policy at the US DHS said, on the EU requirement, that data could only be passed to third states whose laws passed the "adequacy" test guaranteeing equivalent rights:

"The EU should reconsider its decision to apply notions of adequacy to the critical area of law enforcement and public safety. Otherwise the EU runs the very real risk of turning itself into a self-imposed island, isolated from the very allies it needs" (Privacy and Security Law).

He is also opposed to the EU's draft Framework Decision on data protection in police and criminal matters (covering the exchange of personal data within the EU): "The draft seeks to apply the same tired, failed standards of adequacy that it has applied in its commercial laws."

Data Protection principles for which common language has been developed (03.2008)
http://www.statewatch.org/news/2008/mar/eu-us-dp-principles.pdf