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Senator Schatz Statement on U.S.-E.U. Safe Harbor Agreement Ruling

Washington, D.C. – U.S. Senator Brian Schatz (D-Hawai‘i‘), Ranking Member of the Senate Subcommittee on Communications, Technology and the Internet, released the following statement in response to the European Court of Justice’s ruling on the Safe Harbor agreement:

“The U.S.-E.U. Safe Harbor framework is an important model for transatlantic data transfers and has been critical in protecting both individual privacy and commerce between the European Union and the United States for the past 15 years.  Over 4,000 U.S. companies rely on Safe Harbor to validate the transfer of data from the E.U. to the U.S., including both U.S. headquartered companies and U.S.-based subsidiaries of E.U.-headquartered companies.

 

“The European Court of Justice’s decision announced this morning invalidates the current Safe Harbor framework; a decision which could be the digital equivalent of grounding all planes and stopping all shipping from Europe to the U.S. overnight. It is urgent for Secretary Pritzker and Chairwoman Ramirez to work with their European counterparts in the European Commission and the Member States to rapidly issue clear guidance on data transfers in light of the court’s decision.  Guidance is needed to ensure continuity for businesses and consumers on both sides of the Atlantic until a new agreement is in effect.

 

“Cross-border data flows between the U.S. and Europe are the highest in the world. This movement of data is critical to students, families, businesses and promotes employment, free speech, innovation, and cultural expression. While we respect each other’s different legal approaches, we must also work together quickly and effectively to address this impasse in order to reassure European citizens that their personal data will continue to be afforded the highest level of protection when it is transferred to the United States.

 

“Finally, Congress must do its part to pass bipartisan legislation that will ensure a proper balance between privacy, civil liberties, and national security.  As the digital economy increases the pace of global integration, conflicts created by different policy approaches will increase.  We must therefore lead through action.”


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