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Safe Harbor to Privacy Shield: A view from the USA — Part 2
Journal of Data Protection & Privacy,
1
(2),
160-172
(2017)
Abstract
This paper looks at the recently implemented Privacy Shield, a regulatory framework which was negotiated between the USA and Europe to govern the transfer of personal data from the EU to the USA. This paper reviews the key changes from the prior regime, known as the Safe Harbor. This paper also summarises important terms and considerations under the new programme, as well as practical issues raised by the replacement of an entire digital trade framework. This paper also addresses policy and forward-looking issues, including the recent statements and actions by US President Trump, and the EU Commission’s initial responses.
Keywords: Privacy Shield; privacy; personal data; fundamental rights; data transfer; Commission; Safe Harbor; trade; cross border; USA; EU; data collection; surveillance; ECJ; DOC; Trump
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Author's Biography
Daniel D. Corcoran is Senior Vice President and International General Counsel of Marchex, Inc. Daniel is an international business and technology lawyer based in New York. Daniel’s practice is focused on complex business transactions, technology innovation, data and intellectual property strategies, and global product launches. Prior to his current in-house practice, Daniel worked for international law firms and was resident in offices in New York, Frankfurt and Sao Paulo. Daniel holds an undergraduate degree in German literature from Columbia College of Columbia University and a graduate law degree from Fordham University School of Law. He is certified by the International Association of Privacy Professionals with the CIPP/US and the CIPP/E.
