EU Privacy Officials Expect Difficulties With U.S. Cooperation

Estonian Member of the European Parliament (MEP) Marina Kaljurand, Group of the Progressive Alliance of Socialists and Democrats, was ambassador to the U.S. when National Security Agency contractor Edward Snowden stole and disclosed classified information documents, a time she said was the lowest point in EU-U.S. relations. Now, on digital topics, tech giants and platforms, there are "really, really difficult times" ahead, she said.

The U.S. is an ally, but that doesn't mean that Europe must agree with it on everything, said Kaljurand, first vice-chair of the Civil Liberties, Justice and Home Affairs (LIBE) Committee. The most important thing is for Europe to retain its values and principles and not to be frightened when it's being "blackmailed." She noted there are some MEPs who echo social media platforms' claims that fact-finding isn't needed because it violates free speech.

With regard to the EU-U.S. data transfer framework, the European Parliament needs to know what the EC and the Polish EU Presidency intend to do about President Donald Trump's decision to oust three members of the Privacy and Civil Liberties Oversight Board, Kaljurand said. His action isn't what Europe expects from its closest allies and partners, she added. The presidency of the EU rotates every six months; Poland assumed the presidency Jan. 1.

The U.S. situation is "extremely challenging," said Irena Moozova, EC deputy director-general of the Justice and Consumers Directorate. The EC is watching it with growing interest, and won't be shy to use its tools if circumstances change, she said.

Another tricky international issue, panelists said, is the June 27 expiration of the EC "adequacy" decision under which data flows between the EU and U.K. LIBE voiced concern in 2021 about the decision [which found that U.K. privacy law adequately protected the data rights of Europeans], Kaljurand noted. Now Parliament is waiting to see how the EC deals with the expiration, she said.

The new U.K. government introduced the Data Use and Access Bill containing several provisions addressing the concerns of the previous European Parliament, said U.K. Information Commissioner John Edwards. The U.K. hopes to achieve the highest level of data protection with slight deviations from the General Data Protection Regulation, he said, adding he believes the new measure is closer to the GDPR than the legislation of any other country that has received adequacy status.

Regulators and policymakers on the panel said key privacy priorities now include cutting red tape and reducing regulatory burdens; considering ways to improve the GDPR by ensuring consistent enforcement and supporting small and mid-sized businesses; achieving effective cross-border cooperation; creating appropriate conditions for AI to develop; and finding consistency among the different pieces of EU digital law.

Industry suddenly finds itself facing an "underwater earthquake" of digital laws, with a wave approaching, said Alberto Di Felice, Digitaleurope policy and legal counsel. There's talk of cutting red tape, but more needs to happen under the new EC, he said, adding there should be more cutting of regulatory requirements and better funding for European businesses.