Estelle Massé

Tomorrow, the EU Court of Justice will determine whether the national Data Protection authority can conduct an independent assessment of a decision in the so-called Schrems case, which deals with Facebook’s transfer of user data between its subsidiary in Ireland and the parent company in the United States.

Access denounces the French National Assembly’s approval of a new bill that would give France authority to conduct mass indiscriminate surveillance of millions of individuals in France and abroad.

A coalition of more than 20 NGOs and digital rights groups, including Access, sent a letter to the representatives of the French National Assembly – the lower Chamber of the French Parliament – calling for the rejection of yet another surveillance bill.

Earlier this month, negotiators from the United States and the European Union reached a preliminary deal on the so-called Umbrella Agreement. The Umbrella agreement is a transatlantic deal that sets standards for protecting personal data when it is transferred for law enforcement purposes. Notably, these rules do not apply to the transfer of commercial or employee data by companies like Google, Apple, Facebook, or Verizon. These companies must abide by a separate set of rules, the data sharing agreement called the Safe Harbour principles (see our recent press release on the Safe Harbour).

Today Yves Bot, Advocate General of the Court of Justice of the European Union (CJEU), released his opinion in the EU-US Safe Harbor case, which addresses a controversial transatlantic data sharing agreement.

Today Yves Bot, Advocate General of the Court of Justice of the European Union (CJEU), released his opinion in the EU-US Safe Harbor case, which addresses a controversial transatlantic data sharing agreement. Advocate General Bot recommends that the Court rule to recognise the duty of national data protection authorities to conduct independent assessment of the Safe Harbor in light of evidence of abuses brought by the Snowden’s revelations. Based on a large number of hearings, AG Bot considers European Commission’s earlier decision, holding that the protection of personal data in the United States is adequate, to be invalid.

In late July, the European Commission launched a public consultation on the “Smart Borders” package, a programme of the EU Migration Agenda that poses a serious risk for the fundamental rights to privacy and data protection. While the EU must take urgent action to improve its treatment of refugees and other migrants, this package of proposals would adversely impact the privacy of everyone living in or traveling to Europe.

Last week, the German Federal Public Prosecutor opened a criminal investigation against Markus Beckedahl, Andre Meister, and an unknown source for treason, following the disclosure of confidential government documents on the Netzpolitik blog, one of the most influential online platforms for digital freedom in Germany.

Yesterday evening, the French Constitutional Court released its opinion on the “French Patriot Act”, or Projet de loi relatif au renseignement, a law that increases France’s surveillance capabilities, and expands the power of the Executive Branch at the expense of users’ rights to privacy and freedom of expression. While the Court allowed surveillance to continue within France, there may be a silver lining outside its borders, as the text suggests that surveillance by French intelligence in foreign countries is unconstitutional.

On Wednesday, the European Parliament’s Committee on Civil Liberties (LIBE) adopted — by a slim majority (32 votes to 27) — the EU Passenger Name Records (EU-PNR) directive proposal, presented by Rapporteur Timothy Kirkhope, a conservative MEP from the UK.