The INTER agreement between the EU and the United States, known as the “Umbrella Agreement,” is a framework for the transatlantic transfer of data between the US and the EU. The proposed objective of the agreement is to provide guarantees of protection of personal data transmitted between the EU and the United States. EU officials were quite inflated when voting on the adoption of the agreement. The European Commission press release describes this as a “historic” and “unique” agreement, which “guarantees a high level of protection of the personal data of EU citizens transmitted to judicial and police authorities on the other side of the Atlantic”. And Jan Philipp Albrecht, MEP in charge of reviewing the agreement and rapporteur of the General Data Protection Regulation, said the agreement would guarantee “high and binding standards and strong rights for citizens on both sides of the Atlantic” and “take data protection with the United States to a new level.” Agreement between the EU and the United States on protection standards for the transfer of personal data between EU and US law enforcement agencies The agreement provides for a number of protection measures for personal data when exchanged between police and criminal justice services, of which: on 8 September 2015, EU and US officials announced that they had reached an agreement on data protection in the context of transatlantic criminal investigations. The EUROPEAN Commissioner for Justice said: “Once this agreement is in force, it will guarantee a high level of protection for all personal data if it is transferred between law enforcement agencies across the Atlantic.” Despite the announcements, neither U.S. officials nor their European counterparts have made the text of the agreement public. The full text of the US-EU Agreement on the Protection of Personal Data in the Context of The Prevention, Investigation, Detection and Prosecution of Criminal Offences (Umbrella Agreement) was first published by Statewatch. On 14 September 2015, the European Parliament published the unofficial version of the agreement. EPIC follows the publication of the document by U.S. and European agencies.
The legal protection of European citizens in US courts was a particularly important point for EU negotiators and the adoption of the agreement was explicitly dependent on the adoption by the United States of the Judicial Redress Act, which we had discussed previously and which came into force in February 2016. It is significant that the Umbrella agreement requires an amendment to the U.S. Privacy Act of 1974 before it has a legal effect. Congress proposed this legislation in the Judicial Redress Act of 2015. Home > International > the European Union > European Parliament approves EU-U.S. Umbrella Agreement In a letter to the House of Representatives Judiciary Committee, EPIC recommended amending the Judicial Redress Act to provide reasonable protection for data collected on non-U.S. countries. People. The bill, which is also pending in the Senate, seeks to amend the federal data protection law. EPIC stated that the proposed legislation does not provide adequate protection to allow cross-border data flows.
EPIC also drew attention to the growing concerns of the American public about non-enforcement. EPIC has previously recommended steps taken by Congress to ensure adequate protection of all personal data collected by U.S. federal authorities. Epic is also seeking to publish the text of the EU-US Umbrella Agreement. For a detailed analysis of the framework agreement, click here. Now that the European Parliament has voted in favour of adopting the framework agreement, it will enter into force as soon as both the EU and the US enter into force.