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The Privacy Advisor | Is a 'multilateral privacy treaty' the answer to 'Schrems II'? Related reading: Why the Biden administration should 'go big' on global data transfers solution




In the wake of "Schrems II," the future of data transfers is on shaky ground. True, the Biden administration has demonstrated that it is taking trans-Atlantic data flows seriously after appointing Christopher Hoff, CIPP/E, CIPP/US, CIPM, in January, not long after Joe Biden was inaugurated. And though both the U.S. Department of Commerce and European Commission are working together in earnest, short of changing its national security laws, what else can be done to prevent another legal challenge and potential invalidation to a future agreement? Baker MacKenzie Global Data Privacy and Security Group Chair Brian Hengesbaugh, CIPP/US, has an idea. Using his background in international policy and data protection, Hengesbaugh thinks now is the time for the Biden administration to “go big” and initiate an international treaty among democratic nations and their shared values around both human rights and national security. He explains to IAPP Editorial Director Jedidiah Bracy, CIPP, in this latest episode of The Privacy Advisor Podcast. 

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  • comment Sean Duncan • Feb 27, 2023
    Great podcast, thank you.  You mention the other surveillance activities in other countries, such as France and Germany.  I think the issue was less about the suveillance activity, and more about ACCOUNTABILITY for it.  Governments do have leverage to undertake more privacy-invasive steps but what matters is the governance infrastructure which is in place to hold a government to account for any abuse of authority.  It seems this accountability is where the US was found lacking.