Shields Up!


Since the death of Safe Harbor last year,  the European Commission and the US have been negotiating the so-called "Son of Safe Harbor", now called the "EU-US Privacy Shield".

The Privacy Shield is not, apparently, the board that hangs down on the front of your desk to preserve modesty when wearing a skirt. It is a comprehensive framework to improve the protection of European personal data processed in the US.  Notably, it could lead to the creation of a US Ombudsperson - America's first Information Commissioner? 

But let's not get too excited just yet. This is essentially just a proposal. Son of Safe Harbor is in gestation, but not yet born.

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Effective protection of EU citizens' rights with several redress possibilities: Any citizen who considers that their data has been misused under the new arrangement will have several redress possibilities. Companies have deadlines to reply to complaints. European DPAs can refer complaints to the Department of Commerce and the Federal Trade Commission. In addition, Alternative Dispute resolution will be free of charge. For complaints on possible access by national intelligence authorities, a new Ombudsperson will be created.