Privacy Shield: The bigger picture

[Commentary] Following the release of the Privacy Shield documentation, there has been an overwhelming demand for a legal analysis of the framework that may provide some clues as to its long-term future and, crucially, its robustness as a valid legal mechanism But as important as this detailed legal analysis may be, it is equally critical to look at the bigger picture and to understand what the Privacy Shield brings to the table of global privacy. Here are some pointers that are worth considering:

• A global extension of European privacy rights and standards.
• Impact on government access to data: Irrespective of how we got here in the first place, it is undeniable that the Privacy Shield discussions have made the US government think long and hard about access to data and how to make that compatible, not only with their own constitutional values, but with the European approach to the right to privacy and data protection.
• The power of the judiciary: If there was ever any doubt, one of the legacies of this saga has been the confirmation of the role of the judiciary as ultimate arbiter between the citizen and the state.
• Multi-party oversight, enforcement and redress.
• Ongoing communication and collaboration: Ultimately, the success of the Privacy Shield as an effective framework will rely on the ability of those involved in it to make it work.

[Eduardo Ustaran, CIPP/E, is a partner in the global Privacy and Information Management practice of Hogan Lovells]