Thursday, 6 April 2017

Trump Order prompts panic that Privacy Shield will be invalidated

An Executive Order signed by US President Trump during his first few days in office may jeopardise the recently agreed EU/US Shield.

The Enhancing Public Safety in the Interior of the United States Order – aimed at enhancing domestic enforcement of US immigration laws – reads that: “agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information”.

MEP Jan Philipp Albrecht, the European Parliament’s Rapporteur on data protection regulation, suggested that this wording in the Order could be a major problem for the Shield, and that there might also be ramifications for the EU/US Umbrella agreement governing law enforcement. Other EU officials played down the impact of the Order.

So far so good from an article in “Privacy and Data Protection” (Volume 17 Issue 3 (January/February 2017)) and probably as far as I should go with copy typing.

I admit that my first reading of the section of the Order quoted above was to think that I am not a citizen of the United States of America therefore my personally identifiable information is not covered by the laws of the said United States.

I wonder.

I found the Business Insider site that has information on 45 Orders signed by the President but none seemed to be right for the quote above.

Perhaps I’m missing something. Brain has obviously slowed down since I was reading this sort of stuff on a regular basis.

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