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European Commission: EU-US data flow discussions separate from TTIP negotiations


Talks between EU officials and US government on the protection of personal data transferred from the EU to the US are separate from negotiations on a new EU-US trade deal, the European Commission has confirmed.

A spokesperson for the Commission confirmed the position after EU officials were quoted by EU news website EurActiv.com as suggesting that the issue of "data flows" between the EU and US could be dealt with as part of wider negotiations on the planned Transatlantic Trade and Investment Partnership (TTIP). EU and US representatives have been in talks since July 2013 on the prospective trade deal.

An unnamed senior official had told EurActiv.com that "data flows" between the EU and US could not be discussed "within the TTIP negotiations" until after the proposed new EU General Data Protection Regulation has been finalised. Another official said that "data flows will have to come onto the [TTIP negotiating] table" and that TTIP "cannot be agreed before that happens".

However, the Commission has previously ruled out any negotiation on data protection within the TTIP. According to a Commission factsheet on TTIP, "data protection standards won't be part of TTIP negotiations. TTIP will make sure that the EU’s data protection laws prevail over any commitments."

Some EU policy and law makers have expressed their view on whether data protection issues should be included in the TTIP negotiations after details were leaked by the whistleblower Edward Snowden about the surveillance capabilities of the US' National Security Agency. Those revelations caused EU officials to question whether the 'Safe Harbour' framework, which enables transfers of personal data from the EU to the US, was sufficiently robust to accord with EU data protection standards.

Under EU data protection laws, the transfer of personal data from the EU to so-called 'third' countries is governed by strict rules designed to ensure the adequate protection of EU citizens' privacy in accordance with EU data protection standards even when that data is held outside of the trading bloc.

Out-Law.com asked the European Commission to clarify its position on the issue of data protection issues and negotiation of TTIP in light of the EurActiv.com report.

A spokesperson for the Commission said: "Data flows are key for transatlantic trade and form the backbone of global value chains. But if such data flows involve transfers of personal data, the line is clear: such transfers need to fully respect the privacy requirements that each side may have in place."

"The TTIP is not the right forum to discuss privacy standards. The EU is not going to lower its own standards nor is it going to try to change the US' standards. Data privacy is outside of the scope of this negotiation. Separate discussions with the US are taking place on Safe Harbour – a streamlined process for US companies to comply with EU rules on the protection of personal data – and an agreement on the use of data by law enforcement authorities," they said.

"So to be absolutely clear: any transfer of personal data outside the EU has to be in accordance with EU legislation on personal data protection, present or future," the Commission spokesperson said.

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