What does this cover?

On 22 October the Judicial Redress Bill (the Bill) was passed by the US House of Representatives and is now due to go to the Senate. The Bill will afford to individuals within the EU the same redress rights as US citizens in respect of data privacy breaches by US authorities in possession of personal data. It builds on protections effected by the 1974 Privacy Act, and the Bill must be adopted in order to formally conclude the arrangement between the EU and USA in respect of data transfers for the purpose of law enforcement.

The Congressman who introduced the Bill, Jim Sensenbrenner, emphasised the importance of avoiding "disruption to the sharing of law enforcement information", which is especially poignant in light of Safe Harbor's recent demise. It is hoped that the enactment of the Bill will boost Safe Harbor 2.0 negotiations, however, uncertainty surrounds the timeframes involved in the next stage of the Bill's journey.

To track the progress of the Judicial Redress Act of 2015 on the Congress website, please click here.

What action could be taken to manage risks that may arise from this development?

None – for interest only.