01 June 2016
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- Enhanced data protection rights for EU citizens in law enforcement cooperation : EU and US sign "Umbrella agreement" (Press release, pdf):
"On 2 June 2016, the European Union and the United States of America signed the so-called "Umbrella agreement" which puts in place a comprehensive high-level data protection framework for criminal law enforcement cooperation...
"Next step: After the signature and before the agreement can be finally concluded, the European Parliament will need to give its consent."
The "Umbrella Agreement" on the exchange of personal data - its Scope (Art 1): covers:
"The purpose of this Agreement is to ensure a high level of protection of personal information and enhance cooperation between the United States and the European Union and its Member States, in relation to the prevention, investigation, detection or prosecution of criminal offenses, including terrorism."
Note: the Scope covers all crimes however, minor.
- Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offenses (Full-text, pdf) - Draft Council Decision - Adoption (pdf) - Council Decision (pdf)
The Agreement expressly excludes the security and intelligence agencies.
And: Marc Rotenberg President, EPIC Adjunct Professor, Georgetown Law Hearing: ""The Judicial Redress Act does not provide adequate protection to permit data transfers and it does not address the many provisions in the Privacy Act that need to be updated."
And see:
- Council of the European Union: Joint EU-U.S. press statement following the EU-U.S. Justice and Home Affairs Ministerial meeting of 2 June 2016 (pdf)
- European Commission: Joint EU-U.S. press statement following the EU-U.S. Justice and Home Affairs Ministerial meeting (pdf)
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