European Civil Society Groups Urge EU to Protect Privacy, Personal Data in TiSA

Thirty mostly European civil society groups and individuals are urging EU officials to reject clauses in trade agreements, including the proposed Trade in Services Agreement (TiSA), that the groups say would infringe on the "fundamental rights to data protection and privacy." In a letter released Monday and dated Friday, the groups, including Access Now, European Digital Rights and Privacy International and U.S.-based Electronic Frontier Foundation, said "trade negotiations are not suitable for shaping rules affecting fundamental rights and the rule of law in a democratic society." They said the rules will be interpreted by trade dispute settlement bodies whose aim is to liberalize trade, not protect human rights. But negotiating parties could use a "general exception clause" instead, the groups wrote. Such a clause could: ensure parties to the agreement "can condition the transfer and processing of personal data" on its protection; allow the EU or another party to suspend personal data flows if fundamental rights aren't respected; make sure privacy and data protection rights aren't subject to challenge in a trade agreement; and guarantee parties to the agreement shouldn't apply or adopt the "least restrictive privacy or data protection measures," the letter said. EFF blogged about the issue, calling TiSA a "secretive" trade agreement that uses many provisions of the proposed Trans-Pacific Partnership Agreement.