Saturday, 2 April 2016

Guerilla Cyclist — Hogan Lovells' assessment of Privacy Shield is as...

Guerilla Cyclist — Hogan Lovells' assessment of Privacy Shield is as...: "I wonder if the Commission asked Hogan Lovells to write an opinion on how a successor to SH could be made to meet the requirements of the EU Court of Justice (Digital Rights Ireland and Schremms); and if this present HL analysis is actually a re-use of that opinion, with the original being kept secret as “legally privileged”.
The Privacy Shield (PS) is linked in an odd way to a bunch of other documents, including letters from various US officials, listed on p. 28, the precise status of which are seriously unclear.

 The report makes this odd remark about them (directly underneath the list):
“Taken together these letters are presented as binding commitments from the US government that there are meaningful and effective limitations on the US government’s access to data transferred under the Privacy Shield.”

What the hell does that mean? Are they binding:
In international law — do they constitute a treaty between the EU and the USA in the sense of the Vienna Convention on the Law of Treaties?
in US law? What exactly is the status of these “letters”? Can they be relied upon in US courts by EU data subjects?
Even from a quick reading, I can see at least four further crucial defects in the Hogan Lovells analysis:" 'via Blog this'

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