A29 Working Party To Convene Special Plenary on Thursday To React to Safe Harbor Ruling

With the echoes of Tuesday’s European Court of Justice

He noted that a subset of the A29 Working Party is meeting today to prepare for a full plenary meeting that will happen Thursday and which he will attend.

“You need to hear: ‘We get it. We understand the significance of what has happened.’ If you’re using the cloud, you’re concerned about this. If you’re an SME involved in transfers of information between Europe and the U.S., you’re concerned about this development. We absolutely understand that the ICO needs to be thoroughly engaged. We’re talking to Whitehall about it … [and] … we’re working hard on making sure there is a coherent, coordinated response from the DPAs to these developments.”

“Keep calm,” he said, quoting the quintessential British attitude. “Safe Harbor is not the only route. There are standard contractual clauses; there are BCRs. Let’s just work through the implications of the decision that’s been made, and we as the data protection authority in the UK, with a significant voice in A29, will argue for a practical response to what has happened. There is the issue of growth, of jobs, of the development of technology in Europe and across the world.

“If it’s at all reassuring,” he continued, “the regulator understands that something big has happened and we’ll be as helpful as we can to lead everyone through the process.”

Bernier wondered, however, whether BCRs and clauses aren’t called into question by the Safe Harbor ruling as well.

“Let’s not talk ourselves into a crisis,” Graham responded. “The judgment of the ECJ, did not go as far as