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EU-USA: EU Article 29 Working Party on data protection

13 April 2016

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"The four European Essential Guarantees that are described in this opinion are no unconditional Guarantees. Also when looking at their formulation, it should be clear that all four require a certain degree of interpretation.Should a third country allow for interferences that go beyond what should be regarded as strictly necessary in a democratic society...,

"The WP29 underlines that the Guarantees are based on the fundamental rights that apply to everyone, notwithstanding their nationality. Furthermore, it should be noted that the Guarantees are based on what is required by the law and not necessarily on what is the current practice in the EU Member States. The WP29 does not maintain a double standard and has therefore already called several times upon the Member States to ensure their surveillance legislation is in line with the jurisprudence of the CJEU and the ECtHR."

See the full text: Working Document 01/2016 on the justification of interferences with the fundamental rights to privacy and data protection through surveillance measures when transferring personal data (European Essential Guarantees) (pdf)

See also: Statement of the Article 29 WP on the consequences of the Schrems judgment (pdf)

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