Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party of EU data protection regulators has issued its own report on the matter. The summary of findings by the Working Party, which draws from both written submissions and oral contributions, begins by commending U.S. authorities for their efforts in establishing a procedural framework to support the operation of Privacy Shield but quickly shifts to the Working Party’s concerns. Should the concerns not be addressed by the time of the second joint review, the Working Party notes that its members will “take appropriate action,” including bringing a Privacy Shield adequacy decision to national courts for reference to the Court of Justice of the European Union for a preliminary ruling.
The complexity of the EU General Data Protection Regulation is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide welcome certainty. However, the latest draft guidelines issued by the Article 29 Working Party on automated decision-making has thrown up a particular curve ball which bears further investigation. It relates to whether Article 22(1) of the GDPR should be read as a right available to data subjects or as a straightforward prohibition for controllers.
On September 13, the U.K. government introduced in Parliament the Data Protection Bill. The main aim of the bill is to implement the General Data Protection Regulation (EU) 2016/679 into U.K. domestic law. However, as perhaps reflected in the length and complexity of the bill, it is also intended to do several other things. This post outlines key observations on the structure and content of the bill.