The Article 29 Working Party has released its opinion on the first joint review of the EU-U.S. Privacy Shield agreement. Eight representatives from the WP29 participated in the review, which was conducted by the European Commission, last September. Though the WP29 "welcomes the various efforts made by U.S. authorities to set up a comprehensive procedural framework," it has also "identified a number of important unresolved issues" thus far. "Therefore," the document states, "the WP29 calls upon the Commission and the U.S. competent authorities to restart discussions" and "an action plan has to be set up immediately..." The WP29 calls for the appointment of an Ombudsperson and the remaining positions on the Privacy and Civil Liberties Oversight Board by May 25, 2018, and for their remaining concerns to be addressed at the second joint review next year. If no remedy is brought within the timeline, the WP29 warns it will bring "the Privacy Shield Adequacy decision to national courts for them to make a reference to the [Court of Justice of the EU] for a preliminary ruling."
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