'The White House has failed to grapple meaningfully with the privacy questions at the heart of this issue,' said one critic of Biden's executive order for an E.U. data sharing deal. 'Congress must act where the administration has not.'
The executive order is the next step in the creation of a new trans-Atlantic data sharing agreement that is needed for thousands of companies—from Google to General Electric—to move data between two of the world's most important economies. The decree will now be sent to Brussels where the European Commission—alongside input from the bloc's privacy agencies and politicians, as well as E.U. countries—will transpose the text into its own rules.
Senior Biden administration officials, who spoke on the condition of anonymity because they were not authorized to speak publicly, said they were confident the White House executive order and the Department of Justice's new regulations would satisfy the commission's concerns. More importantly, the officials said they felt the new framework would also withstand any legal challenges that would force the U.S. government to have to go back to the drawing board.
"The United States must urgently act to reform surveillance, provide privacy and data protection rights in its statutes at the federal level, and give non-U.S. persons a comprehensive right to remedy," said Willmary Escoto, U.S. data protection lead at Access Now. "The E.O. expressly provides for bulk surveillance, guaranteeing entirely innocent people will be harmed. It does not provide meaningful redress for people who have been wrongfully spied upon, including by failing to require government notice to them. And the E.O. can be changed by the administration at will," he continued."The White House has failed to grapple meaningfully with the privacy questions at the heart of this issue. Congress must act where the administration has not.
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