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Daily Dashboard | Op-ed: Privacy Shield should cover banks, insurers and telcos  Related reading: Perspective: A new twist for CCPA class actions

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In an op-ed for Out-Law.com, Annabelle Richard writes why Privacy Shield should be expanded to cover banks, insurers and telcos. Only companies subject to the jurisdiction of the Federal Trade Commission or the Department of Transportation can sign up for Privacy Shield. Companies can use model contracts to complete their transfers, but if they are invalidated, it could create problems. “If model clauses are invalidated it will threaten data flows that support trade and the health of the European economy. Banks, insurers and telcos would be among many U.S. businesses whose ability to carry out everyday business operations would be made more challenging and costly,” writes Richard. “As it stands currently, though, banks, insurers and telcos would be unable to turn to Privacy Shield self-certification as a route to continue trans-Atlantic data flows given the limited scope of the scheme.” Editor’s Note: U.S. Department of Commerce Deputy Assistant Secretary Ted Dean will speak as part of “Future Impacts and Preparation for the New Privacy Shield” at the IAPP Europe Data Protection Congress, in Brussels, 7-10 Nov..
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  • comment Allen Brandt • Oct 11, 2016
    Under the Safe Harbor scheme, the Department of Commerce and the FTC were supportive of efforts to expand the program. What was needed were other regulators, acceptable to all parties, who were willing to enforce the Safe Harbor principles. I worked on this for over a year, had two state AG's signed up, but ran into a headwind, mostly from the European side, that there needed to be a national regulator, not 50 state ones.
    
    If a regulator, on their own, or if asked by an organization or industry group, would be willing to sign up to enforce the Privacy Shield on a national level, my past experience believes this would be well received.