Patriot Act vs. European law: What are the likely outcomes? | ZDNet

Between the transposing of the EU Data Protection Directive in 1998 and the terrorist attacks in New York in September 2001, trade relations between the United States and the European Union were mutual, bilateral and safe.

The arrangement between the U.S. and the EU — for which both continents vary a great deal on data protection and citizen privacy — were shot down when the Patriot Act was rushed through Congress in October 2001.

The European Parliament is debating its own laws, to determine whether the Patriot Act is a threat to European data.

A senior Microsoft executive has already stated that in, short, the Patriot Act does not allow them to guarantee the safety or privacy of European data.

A clear disparity between the laws is ever present and becoming clearer each and every day.

The question now to ask is: how could the data protection war between the two continents be solved?

via Patriot Act vs. European law: What are the likely outcomes? | ZDNet.

AFP: EU, US discuss data protection deal

EU and US officials met in Hungary Thursday to try to move forward negotiations for a framework deal to protect the privacy of European citizens’ data in future anti-terror operations.

“It is very important to have … an umbrella agreement” that balances security with privacy rights, Viviane Reding, the EU justice commissioner, said after talks with US Homeland Security Secretary Janet Napolitano.

“Once we have such an agreement it will be much easier to have specific agreements” on various areas, Reding said after the talks outside Budapest.

Concerned about privacy rights, the European Parliament blocked a banking data sharing deal between the European Union and United States in February 2010, leading to negotiations that ended in July with a new agreement.

To keep privacy concerns from poisoning negotiations on any other future data sharing deals, the EU wants to establish a data protection framework that would cover all future arrangements.

via AFP: EU, US discuss data protection deal.

MEPs call for improved data security  |  European Voice

The European Parliament has called on EU negotiators to make sure they get enough safeguards in upcoming talks with the United States to protect the data rights of EU citizens.

MEPs voted through two resolutions today (5 May) that called for a more limited use of personal data collected by US authorities, fearing the data could be abused.

At issue are two separate transfers of data. One is the so-called Passenger Name Records collected by airlines about passengers on transatlantic flights, which are used by US customs and border control agents to screen people who travel to the US.

The Parliament decided to postpone its approval of a 2007 EU-US accord on the transfer of PNR, and a similar arrangement with Australia. They did so to give Cecilia Malmström, the European commissioner for home affairs, time to draft a new proposal that would answer calls by MEPs for a global agreement setting out how passenger data can be used and what legal redress citizens have over the use of their data.

The MEPs also want a separate effort to negotiate a deal with the US that would cover all data transfer deals between the two sides.

The other data transfer issue voted on today dealt with information collected on bank transfers from Europe that the US Treasury screens to weed out terrorist financiers. Negotiations on a new so-called Terrorist Tracking Finance Programme between the EU and the US are expected to start later this month. The Parliament rejected an interim deal in February because of concerns that it did no

via MEPs call for improved data security  |  Policies  |  Justice  |  Rights | European Voice.

E.C. launches new drive for bank data-sharing agreement

The European Commission today began work on a new set of negotiations with the U.S. on the transfer of E.U. citizens’ bank data for counterterrorism purposes, after a previous agreement was vetoed by the European Parliament.

The agreement is needed because while European data protection laws prohibit the passing of personal data to the U.S., American authorities say the data has been a valuable tool with which to track the funding of terrorist acts.

The Parliament torpedoed the agreement last month partly because it felt that European civil liberties were being compromised, but also because it was excluded from the decision-making process.

As a result, SWIFT, the Belgian bank networking firm that transmits billions of financial transactions every day and lies at the center of the debate, is in legal limbo, with the U.S. demanding the data, while E.U. laws forbid it from continuing such cooperation.

via E.C. launches new drive for bank data-sharing agreement.

Europe Rejects U.S. Deal on Bank Data – NYTimes.com

The European Parliament on Thursday broadly rejected an agreement with the United States on sharing information on bank transfers that was aimed at tracking suspected terrorists through their finances.

The vote in Strasbourg, France, underlined differences between the United States and the European Union over how to balance guarantees of personal privacy with concerns about national and international security.

A resolution to reject the deal passed 378-196, with 31 abstentions. The vote means that the agreement, which provisionally went into force at the beginning of February, cannot be used as planned.

The agreement would have freed the United States from having to seek bank data on a country-by-country basis. But Washington still could press for access to the data through such avenues.

Many members of the Parliament complained that the agreement — meant to last for nine months while a more permanent arrangement was sought — failed to guarantee the privacy rights of European citizens.

via Europe Rejects U.S. Deal on Bank Data – NYTimes.com.