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EU-U.S. Privacy Shield Renewed, Privacy Commitments Ignored

The European Commission has renewed the EU-U.S. Privacy Shield, a framework permitting the flow of European consumers' personal data to the U.S. Oddly, the Commission cited the FTC investigation into the Cambridge Analytica scandal (which has produced no outcome) and the appointment of three members to the PCLOB as support for renewal. The report also overlooked the failure of the FTC to enforce the 2011 Consent Order against Facebook, which ultimately compromised the personal data of several hundred million Europeans. And the Commission had little concerns with passage of the CLOUD Act, renewal of Section 702 of FISA (permitting bulk surveillance of Europeans), and other shortcomings cited by EPIC comments and the European Parliament. The Commission did recommend an Ombudsperson for Privacy Shield (which was required in the original agreement), and encouraged the U.S. to ratify the International Privacy Convention.

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