Roundup: EP gives green light to EU-U.S. Data Protection Agreement

The EU-U.S. data protection agreement has been given a green light by the European Parliament in a vote held on Thursday morning while the parliament was meeting in a part-session here.

Members of European Parliament (MEPs) gave strong support to the implementation of the umbrella agreement with 481 votes in favor, 75 against and 88 abstentions.

Addressing the Brussels chamber just before the vote, rapporteur Jan Philipp Albrecht (Germany / Greens) called the deal "a historical breakthrough," underlining that, "for the first time in history, the United States of America are entering a binding international agreement on data protection standards."

The agreement aims to ensure high, binding data protection standards for data exchanged between law enforcement authorities for cross border prevention, tracking and prosecution of criminal offences, including terrorist acts.

In a Wednesday evening debate that preceded the vote, Albrecht told MEPs: "This agreement is a huge step forward for fundamental rights and in particular for the right to data protection in times where data exchange is key for effective law enforcement cooperation between the EU, its member states and other partners in the world."

"This is unprecedented, not only in the transatlantic context, but also on the international level," Vera Jourova, European Commissioner for Justice, declared during the debate.

"Today, Americans already enjoy these protections when their data is transferred to the EU, while this is not the case for Europeans when their data is transferred to the United States," she remarked.

The terms of the agreement will ensure a wide range of protections, such as the right for EU citizens to be informed about data breaches, to have inaccurate information corrected, and to receive judicial redress in the United States if they feel that their rights under the agreement have not been respected.

In addition to covering data sharing between the EU and the United States, the umbrella agreement covers bilateral deals between Washington and EU member states.

"We have to know that existing bilateral agreements, they are really weak, they don't provide citizens with data protection safeguards," asserted Marju Lauristin (Estonia), speaking on behalf of the Socialists and Democrats group during the debate. "Any delay will be at the expense of our citizens."

During the debate, however, U.S. President-elect Donald Trump was evoked several times, as MEPs worried over the effect his administration would have on the future of the umbrella agreement if it was not implemented beforehand.

"The uncertainty of the incoming Trump administration is just one more reason to conclude the agreement while President Obama is still in office," urged Albrecht to his fellow parliamentarians. "If we conclude this agreement, the United States will be bound by international law which gives unconditional data protection rights."

Critics of the umbrella agreement, however, warned that despite the inclusion of critical safeguards for personal data protection, the deal raised legal concerns.

"On the surface it looks really good, it contains really good safeguards, but it's a bit like with Swiss cheese, the cheese is fantastic, but it's the holes that are the problem in this case," joked Sophia In't Veld, speaking on behalf of the Alliance of Liberals and Democrats for Europe (ALDE).

In't Veld, though, has been also worried about the change of the political climate.

Two separate motions for resolutions, tabled respectively by the European United Left/Nordic Green Left group (GUE/NGL) and the Alliance of Liberals and Democrats for Europe group (ALDE), and both seeking a European Court of Justice (ECJ) opinion on the compatibility of the EU-U.S. deal on the protection of personal data exchanged for law enforcement purposes, were struck down just prior to the vote of consent.

In response to calls from the European Parliament, the European Council authorized the European Commission in 2010 to open negotiations on an agreement between the European Union and the United States on the protection of personal data when transferred in relation to police and judicial cooperation.

Negotiations began in March 2011, an agreement was reached on Sept. 8, 2015 and, following the adoption of the Judicial Redress Act by U.S. Congress in February 2016 giving EU citizens the right to seek judicial redress in the United States, the deal was signed by the EU Commission and U.S. authorities on June 2, 2016.

On July 18, the Council decided to ask Parliament to give its consent to the deal. Endit