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Privacy Shield in Light of President Trump’s Executive Order

On January 25 President Trump signed an executive order entitled “Enhancing Public Safety in the Interior of the United States.” Article 14 of the agreement provides direction to federal agencies on the extension of privacy protections under the Privacy Act to foreign citizens. Dave Grimaldi, Executive Vice President for Public Policy at IAB, provided the following quote in response to questions about the impact of the executive order on the EU-U.S. Privacy Shield Framework.

Dave Grimaldi Appointed IAB EVP, Public Policy, IAB“Privacy Shield remains a critical framework to a functioning transatlantic trade and investment relationship. It has been wrongly suggested that the recent executive order entitled “Enhancing Public Safety in the Interior of the United States” would undermine the legality of the Privacy Shield Framework by negating the Judicial Redress Act, which makes possible certain redress rights to foreign citizens through the Privacy Act. Article 14 of the executive order does not impact the Judicial Redress Act and its extension of protections under the Privacy Act to non-U.S. citizens, nor does the Privacy Shield rely on the extension of such protections. While Privacy Shield remains intact today, challenges to transatlantic data flows persist. IAB will continue to work with both the U.S. and EU governments to ensure that data transfers across the Atlantic remain uninterrupted and the enormous benefits they bring to both economies continue to be realized.”