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EU-USA: DATA PROTECTION: Joint Press Statement following the EU-US-Justice and Home Affairs Ministerial Meeting of 18 November 2013 in Washington
18 November 2011
This states that the two sides aim to agree a comprehensive "umbrella" agreement on data protection in the field of law enforcement by the summer of 2014. However, there is, as yet, no commitment from the US side to cease placing non-USA citizens under surveillance under FISA or simply because communications pass through the USA.
See:
Joint Press Statement following the EU-US-Justice and Home Affairs Ministerial Meeting of 18 November 2013 in Washington (pdf)