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EU-USA "UMBRELLA" AGREEMENT Study: Fundamental Rights European Experts Group (FREE) prepared by Douwe Korff

14 October 2015

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- NOTE on the EU-US Umbrella Data Protection Agreement (pdf)

"We believe the following aspects of the Umbrella Agreement violate, or are likely to lead to violations of, the Treaties and the EU Charter of Fundamental Rights:

The Umbrella Agreement appears to allow the “sharing” of data sent by EU law enforcement agencies to US law enforcement agencies with US national security agencies (including the FBI and the US NSA) for use in the latter’s mass surveillance and data mining operations; as well as the “onward transfer” of such data to “third parties”, including national security agencies of yet other (“third”) countries, which the Agreement says may not be subjected to “generic data protection conditions

The Agreement should therefore, in our view, cannot be approved by the European Parliament in its present form”

- ANNEX: ARTICLE-BY-ARTICLE ANALYSIS of the EU-US Umbrella Data Protection Agreement: [TEXT OF THE AGREEMENT IN BOLD; COMMENTS ARE IN ORDINARY TYPE] (pdf)

- Data flow: Chart 1 (pdf)

- Data flow Chart 2 (pdf)

- Letter from Commissioner: announcing "deal" (pdf)

- EU-USA Umbrella Agreement: Full-text (pdf)

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