Electronic Surveillance: USA

Department for Digital, Culture, Media and Sport written question – answered on 2nd November 2017.

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Photo of Lord Laird Lord Laird Non-affiliated

To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 23 October (HL1753), what steps they have taken to examine the legal status of Privacy Shield.

Photo of Lord Ashton of Hyde Lord Ashton of Hyde The Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport

The Privacy Shield is a statement of principles issued by the US Department for Commerce, following on from an agreement between the US and the European Union. The EU-US Privacy Shield is accompanied by a decision of the European Commission under articles 25(6) of Directive 95/46 EC. The Commission Decision addresses the CJEU's invalidation of the previous Commission Decision - the Safe Harbor framework in the Schrems judgment of 2015. In this respect, any subsequent examination of the legal status of matters concerning the EU-US Privacy Shield would be a matter for the CJEU in the face of a legal challenge being brought against it.

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