Posted by on 16. September 2021

Companies that agree with the EU Data Protection Shield must commit to „robust obligations“ about how personal data is collected and processed and to ensuring individual rights. The companies in the deal will publish their commitments, which will then be controlled by the DoC and implemented by the U.S. Federal Trade Commission. Companies that handle personal data from Europe must also commit to complying with WP29 decisions. Indicate to which Canadian authorities PNR data may be transmitted, add the requirement of prior judicial authorisation or the existence of a direct threat, the obligation to include appropriate data protection safeguards in agreements or agreements with other receiving countries or authorities, and for their communication to the European Commission and EU data protection authorities, not all data exports are concluded between a controller and transfers are made to another controller or between joint controllers, and some transfers may contain both the controller to the controller and the controller to the processor who shares and transfers personal data. The Agreement governs the use by the „Canadian Competent Authority“ of PNR data transmitted by EU air carriers and other air carriers operating flights from the EU (6). The EDPS recommends requiring confirmation that no other Canadian authority is able to directly access or solicit these air carriers, thereby circumventing the agreement. Věra Jourová and Andrus Ansip of the European Commission announced the EU-Us Privacy Shield agreement in Strasborg, France, on Tuesday. As regards the specific provisions of the Agreement, the EDPS welcomes the data protection safeguards it contains. However, the agreement should determine whether the right to judicial review could be exercised even if the decision or measure in question has not been notified to the data subject, in particular where provisions of the agreement other than those relating to access and rectification/scoring are infringed, as mentioned above (2), the EDPS shall question the necessity and proportionality of PNR systems and the massive transfer of PNR data to third countries.

These two conditions are required by the Charter of the European Union and the European Convention on Human Rights for any restriction of fundamental rights, including the rights to respect for private life and the protection of personal data (3). . . .