The Daily Parker

Politics, Weather, Photography, and the Dog

New EU-US data privacy deal

The European Commission yesterday announced they've reached a broad agreement with the United States to allow trans-Atlantic data transfers that respect European privacy laws:

The EU-US Privacy Shield reflects the requirements set out by the European Court of Justice in its ruling on 6 October 2015, which declared the old Safe Harbour framework invalid. The new arrangement will provide stronger obligations on companies in the U.S. to protect the personal data of Europeans and stronger monitoring and enforcement by the U.S. Department of Commerce and Federal Trade Commission (FTC), including through increased cooperation with European Data Protection Authorities. The new arrangement includes commitments by the U.S. that possibilities under U.S. law for public authorities to access personal data transferred under the new arrangement will be subject to clear conditions, limitations and oversight, preventing generalised access. Europeans will have the possibility to raise any enquiry or complaint in this context with a dedicated new Ombudsperson.

The new arrangement will include the following elements:

  • Strong obligations on companies handling Europeans' personal data and robust enforcement: U.S. companies wishing to import personal data from Europe will need to commit to robust obligations on how personal data is processed and individual rights are guaranteed. The Department of Commerce will monitor that companies publish their commitments, which makes them enforceable under U.S. law by the US. Federal Trade Commission. In addition, any company handling human resources data from Europe has to commit to comply with decisions by European DPAs.
  • Clear safeguards and transparency obligations on U.S. government access: For the first time, the US has given the EU written assurances that the access of public authorities for law enforcement and national security will be subject to clear limitations, safeguards and oversight mechanisms. These exceptions must be used only to the extent necessary and proportionate. The U.S. has ruled out indiscriminate mass surveillance on the personal data transferred to the US under the new arrangement. To regularly monitor the functioning of the arrangement there will be an annual joint review, which will also include the issue of national security access. The European Commission and the U.S. Department of Commerce will conduct the review and invite national intelligence experts from the U.S. and European Data Protection Authorities to it.
  • Effective protection of EU citizens' rights with several redress possibilities: Any citizen who considers that their data has been misused under the new arrangement will have several redress possibilities. Companies have deadlines to reply to complaints. European DPAs can refer complaints to the Department of Commerce and the Federal Trade Commission. In addition, Alternative Dispute resolution will be free of charge. For complaints on possible access by national intelligence authorities, a new Ombudsperson will be created.

The EC will release the text of the agreement soon. I'll be monitoring this development closely.

Not what you want to see outside your building

This is what happens when you work across the street from the Chicago Teachers Union:

As part of their negotiations with the Chicago Public Schools and the City of Chicago, the CTU are withdrawing their funds from Bank of America. The Tribune has background:

One day after the Chicago Teachers Union rejected a contract proposal from Chicago Public Schools, district officials said they would slash school budgets and stop paying the bulk of teachers' pension contributions — moves CTU's president quickly blasted as "an act of war."

CPS officials told reporters of their plans while announcing the district would make a fresh attempt Wednesday to borrow hundreds of millions of dollars to keep the school system's finances afloat.

Mayor Rahm Emanuel is also taking shots at the union:

[B]y intentionally and unilaterally whacking tens of thousands of CTU members right in their wallet—and spreading word that Rauner is trying to sabotage the bond deal—Team Emanuel did something more: make it clear that, the Laquan McDonald controversy or not, they're tired of playing patsy.

CTU doesn't like it, and is planning a big protest rally. It accuses Emanuel of “intimidating” the union. But there's no sign of a strike, and the union will have to convince Chicagoans that its members deserve a defined benefit pension with a 3 percent compounded annual inflation hike for only the 2 percent of salary members still will have to pay.

Of course, the 500,000 children who could be turfed out of school should the union strike, and the parents who will have to stay home from work to care for them, would be the proverbial grass that suffers when elephants wrestle.

I'll have more about the news trucks outside my building later today.