In an article in her law firm’s blog, Julie Brill notes that the recent executive order (EO) from the Oval Office, which expressly limited privacy rights to US citizens only, does not impact the critical agreement between the European Union and the United States. The article lists three reasons:
- The Privacy Act applies only to government databases, whereas the Privacy Shield covers corporate databases.
- No presidential Executive Order can override existing laws written by Congress – and Congress has already approved the Judicial Redress Act that grants EU citizens the right to use the US courts in the case of misuse of data.
- The other mechanism set up to make the Privacy Shield work legally – an Ombudsman that will look into any requests from Europe about access to data by the US government – remains in place.
You can read more in Julie Brill’s article at: https://goo.gl/ct6cvZ.