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EU Data Protection Board Praises US Privacy Shield Improvements; Concerns Remain

U.S. efforts on Privacy Shield are welcome, but the EU still has concerns, the European Data Protection Board said Thursday after EDPB's Tuesday-Wednesday meeting. Among positive steps are changes to the initial certification process, own-initiative oversight and enforcement actions, publication…

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of key documents such as decisions by the Foreign Intelligence Surveillance Act Court, appointment of new members to the Privacy and Civil Liberties Oversight Board and the appointment of a permanent ombudsman. President Donald Trump Jan. 18 nominated Keith Krach undersecretary of state for growth, energy and the environment (see 1901230051). EDPB said remaining issues include a "lack of concrete assurances" about indiscriminate collection and access of personal data for national security purposes, and questions whether the ombudsman has sufficient powers to remedy noncompliance with the trans-Atlantic data transfer regime. EDPB said checks for compliance with PS principles aren't strong enough. A December European Commission review found many improvements but warned the agreement could be shut down if no permanent ombudsman is in place by Feb. 28 (see 1812190002). The Computer & Communications Industry Association on Thursday urged the Senate to "expedite confirming the ombudsman."