As we previously reported, this October, the EU Commission released its report and accompanying working document on the first annual review of the EU-U.S. Privacy Shield framework. On November 28, 2017, the Article 29 Data Protection Working Party (the “Working Party”) adopted an opinion on the review (the “Opinion”). While the Opinion notes that the Working Party “welcomes the various efforts made by US authorities to set up a comprehensive procedural framework to support the operation of the Privacy Shield,” the Opinion also identifies some remaining concerns and recommendations with respect to both the commercial and national security aspects of the Privacy Shield framework. The Opinion also indicates that, if the EU and U.S. do not, within specified time frames, adequately address the Working Party’s concerns about the Privacy Shield, the Working Party may bring legal action to challenge the Privacy Shield’s validity.
