Thumbs Up for Privacy Shield Implementation, but Ombudsman Must be Appointed by February 28, 2019

The European Commission published its report on the EU-U.S. Privacy Shield on Dec. 19.

The report shows that the United States “continues to ensure an adequate level of protection” for personal data transferred under the Privacy Shield from the EU to participating companies in the U.S., noting that the steps taken by U.S. authorities to implement the recommendations made by the Commission in last year’s report have “improved the functioning of the framework”. In addition, the report states that the Federal Trade Commission has demonstrated a more proactive approach to enforcement by monitoring the principles of the Privacy Shield, including by issuing subpoenas to request information from participating companies.

The European Commission states, however, that it expects the U.S. government to identify a nominee to fill the Ombudsperson position on a permanent basis by 28 February 2019 at the latest. Currently, there is only an acting Ombudsperson. If the position is not filled by that date, the Commission indicates that it “will consider taking appropriate measures, in accordance with the General Data Protection Regulation.”

To view the press release and full text of the report, click here.