Analysis & Report | Redress Revisited: Has the Privacy Shield Agreement Between the U.S. and the EU Been Fatally Undermined by President Trump’s Executive Order 13768?
The analysis & report Redress Revisited: Has the Privacy Shield Agreement Between the U.S. and the EU Been Fatally Undermined by President Trump’s Executive Order 13768? was published February 24, 2017.
Report Author: Robert Gellman.
Editing: Pam Dixon.
Document links:
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The Analysis in Brief:
This analysis is an in-depth look at the January 2017 Executive Order 13768, Enhancing Public Safety in the Interior of the United States and its interaction with two laws, the Privacy Act of 1974 and the Judicial Redress Act of 2015. Regardless of the reasons underlying why the order was written, a key question this analysis considers is if the order damages the EU-US Privacy Shield agreement, which depends on the dual interactions of the Privacy Act and the Judicial Redress Act to function properly. This analysis finds the order indeed casts doubt on the viability of the limited privacy protections for non-resident aliens in the Judicial Redress Act of 2015. If so, the Judicial Redress Act of 2015 does not provide all EU citizens with the meaningful privacy protections that they expected. The effect may be to fatally undermine the EU-US Privacy Shield Agreement.
About the Authors:
Robert Gellman is the author of this analysis. He is a privacy and information policy consultant in Washington DC. (www.bobgellman.com.) Pam Dixon edited this analysis. She is the Founder and Executive Director of the World Privacy Forum and a privacy researcher. Gellman and Dixon are the authors of Online Privacy A Reference Handbook (ABC CLIO, 2011) as well as co-authors and authors of numerous and well-regarded privacy-focused research, articles, and analysis.
About the World Privacy Forum:
The World Privacy Forum is a non-profit public interest research and consumer education group focused on the research and analysis of privacy-related issues. The Forum was founded in 2003 and has published significant privacy research and policy studies in the area of health, online and technical privacy issues, self-regulation, financial, identity, and biometrics among other areas. WPF has testified before Congress, and is featured frequently in the press on privacy-related issues. For more information please visit www.worldprivacyforum.org.