EU Data Protection Board Praises US Privacy Shield Improvements; Concerns Remain

U.S. efforts on Privacy Shield are welcome, but the EU still has concerns, the European Data Protection Board said Thursday after EDPB's Tuesday-Wednesday meeting. Among positive steps are changes to the initial certification process, own-initiative oversight and enforcement actions, publication of key documents such as decisions by the Foreign Intelligence Surveillance Act Court, appointment of new members to the Privacy and Civil Liberties Oversight Board and the appointment of a permanent ombudsman. President Donald Trump Jan. 18 nominated Keith Krach undersecretary of state for growth, energy and the environment (see 1901230051). EDPB said remaining issues include a "lack of concrete assurances" about indiscriminate collection and access of personal data for national security purposes, and questions whether the ombudsman has sufficient powers to remedy noncompliance with the trans-Atlantic data transfer regime. EDPB said checks for compliance with PS principles aren't strong enough. A December European Commission review found many improvements but warned the agreement could be shut down if no permanent ombudsman is in place by Feb. 28 (see 1812190002). The Computer & Communications Industry Association on Thursday urged the Senate to "expedite confirming the ombudsman."