US companies may need to beef up data privacy – but only for Europeans

April 12, 2016 by Wade M. Chumney, California State University, Northridge, The Conversation
Can the EU and the U.S. work together on data privacy? Credit: shutterstock.com

Though the recent Apple versus FBI case garnered greater media attention, a privacy discussion with more economic significance – to the tune of US$260 billion – is moving toward fruition with less public attention: the EU-U.S. Privacy Shield.

To protect individuals' personal information, governments enact rules about how private companies must safeguard their customers' personal information. Because the rules differ between the European Union and the United States, U.S. companies that collect, transfer and store EU personal data must find ways to obey the appropriate rules.

This gets particularly thorny when dealing with personal data about customers. As a result, the respective governments have negotiated an agreement for how companies should act, so everyone is sure the rules are being followed.

Fifteen years ago, the EU and the U.S. finalized such an agreement, called the Safe Harbor, enumerating a list of principles with accompanying guidelines that companies had to promise to follow in order to be allowed to transfer data between the continents. But in October 2015, the top court in the European Union ruled that the Safe Harbor was invalid, saying U.S. laws are more lax than European standards and U.S. mass-surveillance programs violate fundamental human rights established in the EU.

In its place, the Privacy Shield has been proposed, largely requiring the higher privacy protections provided by European law. Already approved in the U.S., it awaits ratification from the European Union. Recent document leaks suggest it may meet more resistance than previously expected. (In the meantime, temporary agreements keep data flowing across the Atlantic.)

If ratified, the EU-U.S. Privacy Shield will apply only to for EU citizens. However, if U.S. companies choose to make those standards applicable to all customers, U.S. citizens could reap the same benefits. It also reflects the need for international cooperation on data privacy in our technologically intertwined world.

Differing views on privacy

The differences between privacy approaches in the EU and U.S. are a reflection of history.

As a result of repressive regimes over the centuries, the EU has determined that privacy and security over personal data protection are fundamental rights.

The U.S., by contrast, has opted to allow market forces to shape , so it lacks an overarching federal privacy law, opting instead for approaching the problem industry by industry, which generally leads to less privacy protection for U.S. citizens.

Bridging the gap between those two standards is the Privacy Shield, the full text of which was released at the end of February. It sets more stringent rules than the now-defunct Safe Harbor, and indeed demands more than American law requires.

What's different

Generally, the new approach requires more of U.S. companies that collect, store and transfer Europeans' personal data. They must agree to several privacy principles, and take specific steps to follow them.

Some examples include:

  • A mechanism by which consumers can complain about how a company has handled personal data. Companies must have an internal team to handle consumer complaints, publicize the team's contact information, resolve disputes without charging for complaints and respond quickly. In addition, companies must publicize the existence of a new independent process for reviewing complaints that consumers can't get resolved by the company directly.
  • Heightened protection for data transferred from one company to another, requiring that the same privacy protections apply, and potentially holding the company that collected the data in the first place responsible for any problems.
  • Retain records about the implementation of the privacy practices related to the Privacy Shield and make them available upon request.

More broadly, a significant change in the approach to privacy protection is a move from self-regulation under the Safe Harbor to an oversight system under the Privacy Shield. Federal agencies, including the Department of Commerce and Federal Trade Commission, will monitor and enforce compliance of U.S. companies. Additionally, the Department of State will establish an ombudsman to address concerns about U.S. government surveillance and gathering of European citizens' personal data.

EU and U.S. officials hope that changes such as these will meet the European privacy standards required by the top court in the European Union after the Safe Harbor was invalidated.

Taking effect

The U.S. has already done its part to put the agreement into effect. What remains before it's finalized is on the European side.

European authorities have already announced that the Privacy Shield would adequately protect the of EU citizens. But the administrative process needs to play out first, with completion expected by the summer.

In anticipation of the Privacy Shield potentially taking effect later this summer, U.S. companies committed to doing business in Europe would be wise to adopt its more stringent privacy rules. Doing so would not only prepare them to meet the new standards, but would also limit their vulnerabilities to data-privacy breaches within the U.S. Improving data privacy for U.S. customers might even garner goodwill on this side of the Atlantic.

Explore further: EU unveils details of data privacy pact with US

Related Stories

EU unveils details of data privacy pact with US

February 29, 2016

The EU on Monday unveiled details of a new deal with the US to curb government spying on the personal Internet data of European citizens, but critics said it fell short and threatened fresh legal action.

EU and US reach new data-sharing agreement

February 2, 2016

The European Union and the United States struck a deal Tuesday over data-sharing that will allow the likes of Facebook and Apple to continue sending people's information across the Atlantic—but a legal challenge to the ...

US, EU hopeful on Internet data pact but deadline looms

January 26, 2016

US and EU officials expressed hope Monday on sealing a new transatlantic data-sharing pact before a looming deadline expires to avert a potentially crippling impact on American online firms including Facebook and Google.

EU gets provisional deal on data protection rules

December 15, 2015

The European Union late Tuesday took a major step toward approving sweeping new data protection rules that would strengthen online privacy, streamline legislation between the 28 member states and boost police and security ...

Recommended for you

EPA adviser is promoting harmful ideas, scientists say

March 22, 2019

The Trump administration's reliance on industry-funded environmental specialists is again coming under fire, this time by researchers who say that Louis Anthony "Tony" Cox Jr., who leads a key Environmental Protection Agency ...

Coffee-based colloids for direct solar absorption

March 22, 2019

Solar energy is one of the most promising resources to help reduce fossil fuel consumption and mitigate greenhouse gas emissions to power a sustainable future. Devices presently in use to convert solar energy into thermal ...

0 comments

Please sign in to add a comment. Registration is free, and takes less than a minute. Read more

Click here to reset your password.
Sign in to get notified via email when new comments are made.