Communication from the Commission to the European Parliament and the Council. Rebuilding trust in EU-US data flows

The European Union and the United States are strategic partners, and this partnership is critical for the promotion of our shared values, our security and our common leadership in global affairs. However, trust in the partnership has been negatively affected and needs to be restored. The EU, its Member States and European citizens have expressed deep concerns at revelations of large-scale US intelligence collection programmes, in particular as regards the protection of personal data. Mass surveillance of private communication, be it of citizens, enterprises or political leaders, is unacceptable.

Transfers of personal data are an important and necessary element of the transatlantic relationship. They form an integral part of commercial exchanges across the Atlantic including for new growing digital businesses, such as social media or cloud computing, with large amounts of data going from the EU to the US. They also constitute a crucial component of EU-US co-operation in the law enforcement field, and of the cooperation between Member States and the US in the field of national security. In order to facilitate data flows, while ensuring a high level of data protection as required under EU law, the US and the EU have put in place a series of agreements and arrangements.

Commercial exchanges are addressed by Decision 2000/520/EC (the Safe Harbour Decision). This Decision provides a legal basis for transfers of personal data from the EU to companies established in the US which have adhered to the Safe Harbour Privacy Principles. Exchange of personal data between the EU and the US for the purposes of law enforcement, including the prevention and combating of terrorism and other forms of serious crime, is governed by a number of agreements at EU level. These are the Mutual Legal Assistance Agreement, the Agreement on the use and transfer of Passenger Name Records (PNR), the Agreement on the processing and transfer of Financial Messaging Data for the purpose of the Terrorist Finance Tracking Program (TFTP), and the Agreement between Europol and the US.

These Agreements respond to important security challenges and meet the common security interests of the EU and US, whilst providing a high level of protection of personal data. In addition, the EU and the US are currently negotiating a framework agreement on data protection in the field of police and judicial cooperation ("umbrella agreement"). The aim is to ensure a high level of data protection for citizens whose data is exchanged thereby further advancing EU-US cooperation in the combating of crime and terrorism on the basis of shared values and agreed safeguards.

This Communication is based on the premise that the standard of protection of personal data must be addressed in its proper context, without affecting other dimensions of EU-US relations, including the on-going negotiations for a Transatlantic Trade and Investment Partnership (TTIP). For this reason, data protection standards will not be negotiated within the TTIP, which will fully respect the data protection rules. Areas listed in this Communication will require constructive engagement from both sides of the Atlantic. Together, as strategic partners, the EU and the US have the ability to overcome the current tensions in the transatlantic relationship and rebuild trust in EU-US data flows. Undertaking joint political and legal commitments on further cooperation in these areas will strengthen the overall transatlantic relationship.

See also:
- Communication from the Commission to the European Parliament and the Council on the functioning of the Safe Harbour from the perspective of EU citizens and companies established in the EU

ESO: Background information: European Commission calls on the U.S. to restore trust in EU-U.S. data flows http://www.europeansources.info/record/press-release-european-commission-calls-on-the-u-s-to-restore-trust-in-eu-u-s-data-flows/

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