#alternate TechCrunch » Feed TechCrunch » Comments Feed TechCrunch »
Call For Robust Privacy Legislation In Wake Of EU Safe Harbor
Strike-Down Comments Feed Singpost Is Developing A Futuristic Shopping
Mall To House Online Retailers This Week On Bullish: Making Sense Of
Cybersecurity alternate alternate TechCrunch WordPress.com
Menu TechCrunch Search
* Follow Us
* Facebook
* Instagram
* Twitter
* Youtube
* Flipboard
* LinkedIn
* Google+
* RSS
* More
+ Youtube
+ Flipboard
+ LinkedIn
+ Google+
+ RSS
Got a tip? Let us know.
* News
+ Channels
+ Startups
+ Mobile
+ Gadgets
+ Enterprise
+ Social
+ Europe
+ Asia
+ Old Crunch Network
+ Unicorn Leaderboard
+ Gift Guides
All Topics All Galleries
Video
Shows
* Apps
* Breaking News
* Bullish
* Crunch Report
* CES 2016
* Gadgets
* Interviews
* Reviews
* TC Cribs
* TC Features
All Shows
All Videos
Events
* TechCrunch Events
* Disrupt
* Startup Battlefield
* Crunchies
* Meetups
* International City Events
* Hackathon
* Include
* NFL’s 1ST and Future
* TC Davos 2016
* News About
* CES
All Events
CrunchBase
* Trending
* Apple
* Google
* Samsung
* News
* Startups
* Mobile
* Gadgets
* Enterprise
* Social
* Europe
Search TechCrunch
Search TechCrunch ____________________ (BUTTON) Search (BUTTON) Search
9th Annual CrunchiesFind Out Who Will Win The Crunchie For Best Mobile
App - Citymapper, Messenger, Periscope, Robinhood or Wish Get Your
Tickets Today
Cloud
* Why Cloud Computing Will Shake Up Security
Why Cloud Computing Will Shake Up Security
* IBM Confirms Acquisition Of UStream, Forms New Cloud Video Unit
IBM Confirms Acquisition Of UStream, Forms New Cloud Video Unit
* Docker Acquires Unikernel Systems As It Looks Beyond Containers
Docker Acquires Unikernel Systems As It Looks Beyond Containers
*
Browse more...
data protection
* Facebook ‘Class Action’ Privacy Lawsuit Moves To Austrian
Supreme Court
Facebook ‘Class Action’ Privacy Lawsuit Moves To Austrian Supreme Court
* Facebook Faces Fines Of $268K Per Day For Tracking Non-Users
In Belgium
Facebook Faces Fines Of $268K Per Day For Tracking Non-Users In Belgium
* What Startups Need To Know About The Safe Harbor Ruling In Europe
What Startups Need To Know About The Safe Harbor Ruling In Europe
*
Browse more...
EFF
* Real Customer Choice For T-Mobile’s Binge On Requires
Transparency, Opt-In
Real Customer Choice For T-Mobile’s Binge On Requires Transparency, Opt-In
* T-Mobile CEO Apologizes For “Offending” EFF And Its Supporters
T-Mobile CEO Apologizes For “Offending” EFF And Its Supporters
* Who The F Is The EFF? John Legere Wants To Know
Who The F Is The EFF? John Legere Wants To Know
*
Browse more...
safe harbor
* EU-US Safe Harbor Data Flow Talks Still Sticking On Surveillance
EU-US Safe Harbor Data Flow Talks Still Sticking On Surveillance
* A Wake-Up Call To Fight Government Surveillance
A Wake-Up Call To Fight Government Surveillance
* The Cloud’s Biggest Threat Are Data Sovereignty Laws
The Cloud’s Biggest Threat Are Data Sovereignty Laws
*
Browse more...
privacy
* State Lawmakers Create Coalition To Overhaul Digital Privacy Laws
State Lawmakers Create Coalition To Overhaul Digital Privacy Laws
* Facebook Expands Tor Support To Android Orbot Proxy
Facebook Expands Tor Support To Android Orbot Proxy
* FCC Urged To Rein In Broadband Providers On Privacy Grounds
FCC Urged To Rein In Broadband Providers On Privacy Grounds
*
Browse more...
Call For Robust Privacy Legislation In Wake Of EU Safe Harbor Strike-Down
Posted Oct 28, 2015 by Natasha Lomas (@riptari)
* 0
SHARES
*
*
*
*
*
*
*
*
*
Next Story
Singpost Is Developing A Futuristic Shopping Mall To House Online Retailers
[shutterstock_146383358.jpg?w=738]
A group of U.S. and EU digital rights organizations and consumer NGOs —
including the EFF, the U.S. Center for Digital Democracy, the European
Consumer Organization and Privacy International — have issued a
statement calling for a “meaningful legal framework” to protect
fundamental privacy rights in the digital era.
The statement comes as a critical response to the publication earlier
this month of the Bridges report: a joint project between U.S. and EU
academics — and including the involvement of the Dutch data protection
agency — advocating for continued reliance on existing laws coupled
with industry self-regulation as a middle-of-the-road approach
to safeguarding privacy rights.
The Bridges report advocates for, as they put it, “a framework of
practical options that advance strong, globally-accepted privacy values
in a manner that respects the substantive and procedural differences
between the two jurisdictions” — such as offering standardized user
controls and user complaint mechanisms, and best practices for the
de-identification of user data, among other proposed measures.
However the EFF et al are highly critical of this approach — dubbing it
“failed policy” and “remarkably out of touch with the current legal
reality”.
“Digital rights organization and consumer NGOs call on the Data
Protection Commissioners to refocus their attention on the need to
update and enforce privacy law,” the group said today.
The current legal reality on the U.S.-EU data privacy front includes
the ruling, earlier this month, by Europe’s top court, the
ECJ, invalidating the Safe Harbor data-sharing agreement — which had
governed data flows between the regions for some 15 years, allowing
companies sending EU data to the U.S. for processing to self-certify
they would provide “adequate protection”.
The court ruled that such self-certification failed in an era of mass
surveillance by government intelligence agency dragnets — opening the
door to individual reviews of data transfers by data protection
authorities in individual European Member States.
This is not a situation conducive to operational certainty for
businesses — with DPAs already issuing differing opinions on the
current post-Safe Harbor scenario. For example, guidance issued by the
U.K.’s ICO differs greatly in tone from a position paper published by
German data supervisory authorities in the wake of the ECJ ruling.
So while the ICO is telling businesses and organizations not to panic
or “rush to other transfer mechanisms that may turn out to be less than
ideal” — arguing the impact of the judgement is “still being analysed”
— the German DPAs suggest they will immediately be prohibiting data
transfers to the U.S. that are solely based on Safe Harbor, as well
as specifying other explicit controls, such as that consent clauses
cannot be used to sanction ‘repeated, mass or routine data transfers’.
Meanwhile, the European Commission is attempting to hammer out a
so-called Safe Harbor 2.0 agreement with the U.S. in the next few
weeks, to try to reestablish a data flows agreement. Although any such
deal is likely to face fresh legal challenges unless the U.S. agrees to
substantial concessions on surveillance and privacy rights. (Yet only
yesterday the Senate passed another bill that critics say will expand
government agencies’ surveillance capabilities…)
With existing legal frameworks governing data protection under
continued pressure from the surveillance state — and new
tech challenges to privacy pushing into the frame all the time, whether
it’s from AI-powered big data processing or drone surveillance — the
EFF et al are pressing the case for “a comprehensive privacy legal
framework” — to offer robust consumer protection, and ultimately also
create legal certainty for businesses.
“Particularly after the Safe Harbor decision, the ‘Bridges report’ is
remarkably out of touch with the current legal reality and what we need
to do to address it,” they write, criticizing the report for failing to
recommend any “substantive changes in law”.
“The practical consequence of focusing instead on failed policies, such
as self regulation, will be to make more difficult the work of the
privacy experts around the world who could have otherwise benefitted
from a meaningful discussion about how to move forward on legislation,
aggressive enforcement, and other steps that are long overdue. Yes,
they are difficult; all the more reason why we need to act now,” they
add.
Responding to criticism of the Bridges report and approach, Daniel
Weitzner, one of the project participants and director of
MIT’s Cybersecurity and Internet Policy Research Initiative, said the
aim is not to encourage industry self-regulation but rather to call on
the FTC and European data protection authorities to engage
in “collaborative policy development”.
He also stressed that the call for the development of better user
control technologies is something the report says “can only happen with
clear guidelines and legal interpretations from regulators”.
“We’re not saying industry should set rules through design (that would
be self-regulation) but rather that policy guidance from governments is
vital,” Weitzner told TechCrunch.
“We do hope that we can contribute to progress on legislative
development in both the US and EU,” he added. “I myself spent about
three years working in the Obama Administration toward issuing and
trying to get the US Congress to pass the Consumer Privacy Bill of
Rights. That remains very important to me, but I’m also pursuing other
avenues for progress.”
However that Bill was described by critics such as the NYT as “riddled
with loopholes” and appearing to be “tailored to benefit Internet firms
like Google and Facebook and little-known data brokers like Acxiom that
have amassed detailed profiles of individuals”.
The paper dubbed it a weak reflection of U.S. consumer privacy
concerns, concluding: “No bill at all would have been better than this
one, which would effectively codify bad behavior.”
Weitzner is also a paid advisor to Palantir, a big data analysis
company, founded back in 2004, with initial funding coming from the
CIA’s not-for-profit VC arm, In-Q-Tel. On its website In-Q-Tel lists
its “mission” as being to identify, adapt, and deliver “innovative
technology solutions to support the missions of the Central
Intelligence Agency and broader U.S. Intelligence Community”.
At the time of writing Weitzner had not responded to a request to
confirm how much he is remunerated by Palantir for his advisory
services.
Speaking to Politico about the Bridges report, Jeff Chester, the
executive director for the Center for Digital Democracy, dubbed it a
“trojan horse” — arguing that an attempt to push for transatlantic
meetings before new policies are formulated is the same modus operandi
as the U.S. proposals on digital trade in the proposed free trade
agreement TTIP, currently being negotiated behind closed doors.
“This [Bridges report] is a backdoor way of supporting a plan by the
U.S. government on digital trade that will ultimately weaken the EU
data protection regime,” Chester added.
This story was updated with additional comment from Weitzner and
Chester
Featured Image: Baloncici/Shutterstock
* 0
SHARES
* 0
Share
* 0
Tweet
* 0
Share
* 0
* 0
* 0
*
*
Advertisement
Advertisement
CrunchBase
* Electronic Frontier Foundation
+ Founded 1990
+ Overview From the Internet to the iPhone, technologies are
transforming our society and empowering us as speakers,
citizens, creators, and consumers. When our freedoms in the
networked world come under attack, the Electronic Frontier
Foundation (EFF) is the first line of defense. EFF broke new
ground when it was founded in 1990—well before the Internet
was on most people's radar—and continues to confront …
+ Location San Francisco, CA
+ Categories Nonprofits, IT and Cybersecurity
+ Founders John Perry Barlow
+ Website http://eff.org
+ Full profile for Electronic Frontier Foundation
* Privacy International
+ Founded 1990
+ Overview Privacy International is a UK-based organization that
defends and promotes the right to privacy across the world. It
is a non-governmental organization that has organized
campaigns and initiatives in more than fifty countries.
Privacy International works to fight against unlawful
surveillance through advocacy, litigation, and research. It
has built global partnerships with Asociacion por los Derechos
…
+ Location London, H9
+ Categories Legal
+ Founders Simon Davies
+ Website http://www.privacyinternational.org
+ Full profile for Privacy International
TechCrunch Newsletters
[ ] TechCrunch Daily Our top headlines Delivered daily
[ ] TC Week-in-Review Top stories of the week Delivered weekly
[ ] CrunchBase Daily The latest startup funding announcements Delivered
daily
[ ] TC Europe The top European tech stories Delivered weekly
[ ] TC Gadgets Top stories about gadgets Delivered weekly
[ ] TC Mobile & Apps Top stories about apps Delivered weekly
[ ] TC Startups Top stories about startups Delivered weekly
[ ] TC Social Media Top stories about social Delivered weekly
[ ] TC Asia The top Asian tech stories Delivered weekly
[ ] Crunch Network The best from our contributors Delivered weekly
View More
Enter Address ____________________ (BUTTON) Subscribe
Latest Crunch Report
* Facebook Sports Stadium Wants to Be Your New Sports Hub | Crunch
Report
Facebook Sports Stadium Wants to Be Your New Sports Hub | Crunch Report
Watch More Episodes
* data protection
* EFF
* safe harbor
* privacy
* Cloud
* Popular Posts
Featured Stories
* Call For Robust Privacy Legislation In Wake Of EU Safe
Harbor Strike-Down
Don Baer On Politician's Approach To Technology
VIDEO | 12:03 | Breaking News
* Werner Herzog On His Documentary Lo And Behold, Cockroach Movies
And Moving To Mars
Werner Herzog On His Documentary Lo And Behold, Cockroach Movies And Moving
To Mars
1 hour ago | Matthew Panzarino
* Get Ready For A Smaller iPhone 6s Mini
Get Ready For A Smaller iPhone 6s Mini
4 hours ago | Romain Dillet
* Netflix Makes Good On Promises To Crack Down On VPNs, But Blocks
Are Short-Lived
Netflix Makes Good On Promises To Crack Down On VPNs, But Blocks
Are Short-Lived
5 hours ago | Sarah Perez
* Forthcoming Samsung Galaxy S7 Benchmarks Leak
Forthcoming Samsung Galaxy S7 Benchmarks Leak
11 hours ago | Natasha Lomas
Latest From Europe
* At Davos, Kevin Spacey Predicts That Tech Firms Will Follow Netflix
Into Media
At Davos, Kevin Spacey Predicts That Tech Firms Will Follow Netflix
Into Media
yesterday | Mike Butcher
* MariaDB Raises $9M More, Michael Howard Named New CEO, Monty
Widenius CTO
MariaDB Raises $9M More, Michael Howard Named New CEO, Monty Widenius CTO
yesterday | Ingrid Lunden
* Kickstarter Needs Better Ways To Sanity-Check Complex Hardware
Projects, Says Zano Review
Kickstarter Needs Better Ways To Sanity-Check Complex Hardware Projects, Says
Zano Review
yesterday | Natasha Lomas
* PieSync, The Belgium Startup That Syncs Contacts Across Cloud Apps,
Raises $1.6M
PieSync, The Belgium Startup That Syncs Contacts Across Cloud Apps,
Raises $1.6M
yesterday | Steve O'Hear
Up Next
Singpost Is Developing A Futuristic Shopping Mall To House Online Retailers
Posted Oct 28, 2015
CrunchBoard
Job Listings
*
Principal Analyst - Marketing Technology
CarMax
*
Architect - Enterprise Information
CarMax
*
Senior Software Developer - Web Development
CarMax
*
Online Systems Platform Manager
CarMax
*
Team Manager- CRM
CarMax
More from CrunchBoard
Advertisement
TechCrunch
[crunch-network.jpg]
* News
* TCTV
* Events
* CrunchBase
About
* Staff
* Contact Us
* Advertise With Us
* Send Us A Tip
International
* China
* Europe
* Japan
Follow TechCrunch
* Facebook
* Twitter
* Google+
* LinkedIn
* Youtube
* Pinterest
* Tumblr
* Instagram
* StumbleUpon
* Feed
TechCrunch Apps
* iOS
* Android
* Windows 8
Subscribe to TechCrunch Daily
Latest headlines delivered to you daily
[X]
Subscribe to Subscribe to TechCrunch
Daily
Enter Email Address ____________________ (BUTTON) Subscribe
© 2013-2016 AOL Inc. All rights reserved. Aol Tech Privacy Policy About
Our Ads Anti Harassment Policy Terms of Service
Powered by WordPress.com VIP
Fonts by
[b?c1=2&c2=6036210&c3=&c4=&c5=&c6=&c15=&cv=1.3&cj=1]
* TechCrunch (BUTTON)
*
News
+ Startups
+ Mobile
+ Gadgets
+ Enterprise
+ Social
+ Europe
+ Asia
+ Old Crunch Network
+ Unicorn Leaderboard
+ Gift Guides
+ All Galleries
Videos
* Apps
* Breaking News
* Bullish
* Crunch Report
* CES 2016
* All Shows
* All Videos
Events
* Disrupt
* Startup Battlefield
* Crunchies
* Meetups
* International City Events
* Hackathon
* Include
* NFL’s 1ST and Future
* TC Davos 2016
* All Events
CrunchBase
____________________ (BUTTON)
(BUTTON)
Most Popular
Get Ready For A Smaller iPhone 6s Mini
4 hours ago by Romain Dillet
A Day After Launch, “Exploding Kittens” Tops The App Store
1 hour ago by Sarah Perez
Forthcoming Samsung Galaxy S7 Benchmarks Leak
11 hours ago by Natasha Lomas
Netflix Makes Good On Promises To Crack Down On VPNs, But Blocks
Are Short-Lived
5 hours ago by Sarah Perez
Why Cloud Computing Will Shake Up Security
2 hours ago by Tom Gillis
Apple Has A New Apple TV Ad, And It’s All About Apps
1 hour ago by Romain Dillet
SpaceX Tested Its Capsule That Will Send Humans To Space
1 hour ago by Emily Calandrelli
These Are The Most-Watched Vines Of The Year
5 hours ago by Jordan Crook
Google Reportedly Paid Apple $1B In 2014 To Remain Default Search
Engine On iOS
17 hours ago by Jon Russell