MetaCompliance_Webcon
PrivacyTraining_ad300x250.Promo1-01
CS17_Banner_300x250-COPY
Shutting Europe Down Is Not the Way To Defend Privacy

When I was at university, I remember a lecturer who used to say the first rule that any law degree student should follow was “to not panic.” That is a rule that we should all apply when reading the draft report of the LIBE Committee of the European Parliament on the NSA surveillance programme. The prospect of a closed-down Europe that is advocated by the report is certainly daunting. Shutting down pretty much all transatlantic data flows in order to prevent unreasonable access to data by the U.S. intelligence services would not only be disproportionate, but it would be hugely damaging to the information society we all rely on.

LIBE's draft report follows a very thorough inquiry and assessment carried out by LIBE during the second half of 2013 and contains specific recommendations for wide-ranging measures to be adopted by the European Parliament. The report is nothing short of ambitious as it targets not only EU member states and institutions, but the U.S. government and even the United Nations. However, its extremism is highlighted by statements like:

"The business model of most Internet companies is based on the processing of personal data of all kinds that puts at risk the integrity of the person"

And:

“This alarming situation can only be remedied if Europeans are willing to dedicate sufficient resources, both human and financial, to preserving Europe’s independence and self-reliance."

The key practical focus of the report is “international data transfers” and how these have facilitated the large-scale mass surveillance of EU individuals. In response, the report calls for some drastic and immediate measures to prevent this, including:

  • The suspension of the European Commission's adequacy decision regarding Safe Harbor,
  • The suspension by EU data protection authorities of any data flows allowed under Safe Harbor,
  • The re-assessment of Canada and New Zealand as safe jurisdictions to receive European data,
  • The suspension by EU member states of any data flows authorised on the basis of contractual mechanisms or Binding Corporate Rules, where the law applicable to the recipient of the data invalidates privacy safeguards and
  • The suspension by the European Commission of the Terrorist Finance Tracking Program Agreement with the U.S.

Needless to say, the impact of these measures would be catastrophic, so logic suggests that ultimately, this is a call for attention rather than a realistic proposal. Unfortunately, this still leaves us with the challenge identified on both sides of the Atlantic that democratic oversight must prevail over indiscriminate mass surveillance. Addressing this issue is a task that all of the public authorities identified in the LIBE report should prioritise, but this should be done in the same way that privacy professionals do their daily job: with pragmatism, conviction and vision. Certainly not by isolating Europe.

Written By

Eduardo Ustaran, CIPP/E

Comments

If you want to comment on this post, you need to login.

Related

Board of Directors

See the esteemed group of leaders shaping the future of the IAPP.

Contact Us

Need someone to talk to? We’re here for you.

IAPP Staff

Looking for someone specific? Visit the staff directory.

Learn more about the IAPP»

Daily Dashboard

The day’s top stories from around the world

Privacy Perspectives

Where the real conversations in privacy happen

The Privacy Advisor

Original reporting and feature articles on the latest privacy developments

Privacy Tracker

Alerts and legal analysis of legislative trends

Privacy Tech

Exploring the technology of privacy

Canada Dashboard Digest

A roundup of the top Canadian privacy news

Europe Data Protection Digest

A roundup of the top European data protection news

Asia-Pacific Dashboard Digest

A roundup of the top privacy news from the Asia-Pacific region

Latin America Dashboard Digest

A roundup of the top privacy news from Latin America

IAPP Westin Research Center

Original works. Groundbreaking research. Emerging scholars.

Get more News »

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

IAPP Job Board

Looking for a new challenge, or need to hire your next privacy pro? The IAPP Job Board is the answer.

Join the Privacy List

Have ideas? Need advice? Subscribe to the Privacy List. It’s crowdsourcing, with an exceptional crowd.

Find a KnowledgeNet Chapter Near You

Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide.

Find more ways to Connect »

Find a Privacy Training Class

Two-day privacy training classes are held around the world. See the complete schedule now.

The Privacy Core™ Library Has Evolved

Privacy Core™ e-learning essentials just expanded to include seven new units for marketers. Keep your data safe and your staff in the know!

Online Privacy Training

Build your knowledge. The privacy know-how you need is just a click away.

Upcoming Web Conferences

See our list of upcoming web conferences. Just log on, listen in and learn!

Train Your Team

Get your team up to speed on privacy by bringing IAPP training to your organization.

Let’s Get You DPO Ready

There’s no better time to train than right now! We have all the resources you need to meet the challenges of the GDPR.

Learn more »

CIPP Certification

The global standard for the go-to person for privacy laws, regulations and frameworks

CIPM Certification

The first and only privacy certification for professionals who manage day-to-day operations

CIPT Certification

The industry benchmark for IT professionals worldwide to validate their knowledge of privacy requirements

FIP Designation

Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in today’s complex world of data privacy.

Certify Your Staff

Find out how you can bring the world’s only globally recognized privacy certification to a group in your organization.

CIPP/E + CIPM = DPO

The IAPP’S CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for DPO readiness. Learn more today.

Learn more about IAPP certification »

Are You Ready for the GDPR?

Check out the IAPP's EU Data Protection Reform page for all the tools and resources you need.

IAPP-OneTrust PIA Platform

New U.S. Government Agency privacy impact assessments - free to IAPP members!

IAPP Communities

Meet locally with privacy pros, dive deep into specialized topics or connect over common interests. Find your Community in KnowledgeNet Chapters, Sections and Affinity Groups.

Privacy Vendor List

Find a privacy vendor to meet your needs with our filterable list of global service providers.

More Resources »

Europe Data Protection Intensive 2017

The Intensive is sold out! But cancellations do happen—so hurry and get on the wait list in case more seats become available.

Global Privacy Summit 2017

The world’s premier privacy conference returns with the sharpest minds, unparalleled programs and preeminent networking opportunities.

Canada Privacy Symposium 2017

The Symposium returns to Toronto this spring and registration has opened! Take advantage of Early Bird rates and join your fellow privacy pros for another stellar program.

The Privacy Bar Section Forum 2017

The Privacy Bar Section Forum returns to Washington, DC April 21, delivering renowned keynote speakers and a distinguished panel of legal and privacy experts.

Asia Privacy Forum 2017

The Forum returns to Singapore for exclusive networking and intensive education on data protection trends and challenges in the Asia Pacific region. Call for Speakers open!

Privacy. Security. Risk. 2017

This year, we're bringing P.S.R. to San Diego. The Call for Speakers is now open. Submit today and be a part of something big! Submission deadline: February 26.

Europe Data Protection Congress 2017

European policy debate, multi-level strategic thinking and thought-provoking discussion. The Call for Speakers is open until March 19.

Sponsor an Event

Increase visibility for your organization—check out sponsorship opportunities today.

More Conferences »

Become a Member

Start taking advantage of the many IAPP member benefits today

Corporate Members

See our list of high-profile corporate members—and find out why you should become one, too

Renew Your Membership

Don’t miss out for a minute—continue accessing your benefits

Join the IAPP»