Reports suggest that the EU is unlikely to demand amendments to
current data protection proposals being negotiated with the US. The
Internal Market Commissioner, Frits Bolkestein, has recommended
that the Commission should proceed with the so-called Safe Harbour
scheme, saying it will give “adequate protection” to personal data
being transferred to the US.
The 15 governments of the EU have already approved the agreement
that is designed to facilitate easier transfer of consumer data in
the insurance, financial services, tourism and aviation
sectors.
At present the transfer of data outside the UK or other EU
countries is limited by data protection legislation to prevent
transfers to countries without adequate data protection laws. The
US has no equivalent legislation, instead relying on a
self-regulatory system.
However, the European Citizen’s Freedoms and Rights Committee
had previously expressed its concern that the Safe Harbour measures
were not effectively monitored and enforced by the US Department of
Commerce. Despite this opposition, the European Parliament appears
to believe that the agreement will not need re-negotiation.
Bolkestein has proposed that the European Commission should
formally recognise the Safe Harbour agreement.
He has also undertaken a series of responsibilities in
implementing the arrangement, including reporting to the Parliament
on how the program functions, conveying to the US any Parliamentary
concerns over its functioning and making it clear that the
Commission will re-open negotiations if the remedies prove too
weak.
