{"id":4096,"date":"2022-10-10T20:20:00","date_gmt":"2022-10-10T20:20:00","guid":{"rendered":"https:\/\/2024.thenexus.today\/index.php\/2022\/10\/10\/privacy-news-october-10\/"},"modified":"2022-10-10T20:20:00","modified_gmt":"2022-10-10T20:20:00","slug":"privacy-news-october-10","status":"publish","type":"post","link":"https:\/\/2024.thenexus.today\/index.php\/2022\/10\/10\/privacy-news-october-10\/","title":{"rendered":"Privacy News: October 10"},"content":{"rendered":"

A US\/EU data transfer agreement, student privacy, privacy after Roe, Colorado privacy regulations … and more!<\/p>\n

President Biden Signs Executive Order to Implement the European Union-U.S. Data Privacy Framework<\/a><\/h3>\n

The White House (whitehouse.gov)<\/p>\n

Biden’s Executive Order (EO) is the latest attempt to satisfy European Union (EU) concerns about US intelligence agencies’ access to data and smooth the path to for European companies to transfer data in the US. \u00a0As Morgan Meaker says in Biden\u2019s Privacy Order Slaps a Band-Aid on the EU-US Data Crisis<\/a><\/p>\n

The United States is not going to stop spying on Europeans\u2019 data, but it is going to make sure that spying is \u201cproportionate.\u201d<\/p><\/blockquote>\n

As well as establishing some new civil liberties and privacy policies for intelligence agencies, the EO also establishes a procedure when EU residents complain about data abuse: the Civil Liberties Protection Officer will conduct an initial regulation, and the “Data Protection Review Court” (DPRC) will review. \u00a0As Max Schrems of noyb.eu points out, though, the DPRC isn’t really a court<\/a>, and that’s likely to be a sticking point for the EU.<\/p>\n

Since Schrems was the plaintiff in both the 2015 Schrems case where the European Court of Justice (CJEU) struck down the “Safe Harbor” agreement and the 2020 Schrems II case where the CJEU struck down the replacement Privacy Shield agreement), his opinion that the new agreement is unlikely to satisfy EU law<\/a> is worth paying attention to. \u00a0Dutch privacy expert Joroen Terstegge notes that the mutual recognition paragraph at the end of the EO shifts the power balance in favor of the US<\/a>, and predicts fierce opposition from EU member states.<\/p>\n

Here’s how Schrems describes the next steps:<\/p>\n

Now where the US has issued its Executive Order, the European Commission will have to draft a so-called “adequacy decision” under Article 45 of the GDPR. Once the draft decision is issued, the Commission must hear the European Data Protection Board (EDPB), but is not bound by its findings. In addition, the European Member States must be head and could block the deal. This process can take a couple of months. However, even negative statements by the EDPB and Member States are not binding on the Commission. Once the decision is published, companies can rely on it when sending data to the US and users can challenge it via the national and European courts. This is not expected before spring of 2023, even when it was originally envisioned in fall of 2022.<\/p><\/blockquote>\n

Student Privacy<\/h2>\n

How to Protect Yourself If Your School Uses Surveillance Tech<\/a><\/h3>\n

Pia Ceres, Wired (wired.com)<\/p>\n

School districts across the country use monitoring software<\/a> to track students\u2019 online behavior. \u00a0What can students and parents do? \u00a0This article has some very practical suggestions: asking the school why and how they’re monitoring students; assuming you’re being watched, even after school; being careful on social media; and teaming up with other students and parents. \u00a0<\/p>\n

Here’s the questions that Marika Pfefferkorn (co-founder of the Twin Cities Innovation Alliance and a leader of the No Data About Us Without Us Institute) suggests asking:<\/p>\n