The European Union (EU) and the United States signed on Thursday an agreement on the transfer of personal data for criminal investigations and counter-terrorism that allows EU citizens to resort to American justice in case of inappropriate use of information.
The agreement, called "Umbrella agreement", "increase the total respect for fundamental rights whenever personal data is transferred" between judicial and police authorities of the two parties, said And van der Steur, Minister of Dutch law, whose country presides the EU by the end of June.
The agreement "will improve cooperation between judicial and police authorities of the United States and the EU to combat serious crime and terrorism," he added, quoted in a statement after the signing in Amsterdam along with the Secretary of Justice, Loretta Lynch.
The "Umbrella agreement" covers all personal data transferred between police and judicial authorities of the two parties to "prevent, investigate, detect and initiate legal action for crimes, including terrorism," recalls the European Council (representing 28 countries EU) in a statement.
In a speech on Wednesday at the University of Leiden (Netherlands), Loretta Lynch said the agreement "shows our joint commitment to protecting the security and privacy of our citizens on both sides of the Atlantic."
The agreement provides safeguards and legal safeguards for data transfer. Has "clear limitations" to the use of the data, the obligation to obtain prior consent to the transfer and set an "appropriate period" during which shall be kept, as well as the right to consult them and rectify them, says Council .
The EU insisted on the need for European citizens to have the same opportunity to assert their rights before the US courts, which was allowed to American citizens in the Community block.
The United States has no rules on data protection matters. European legislation, in turn, prohibits from 1998 to transfer of personal data to third countries outside the European Economic Area (EEA, which brings together the 28 EU as well as Norway, Iceland and Liechtenstein) if they have the same protection in the EU.
Brussels and Washington have reached an agreement in September after four years of negotiations under the shadow of revelations about US spying on a global scale disclosed by former consultant of the National American Security Agency Edward Snowden.
The European Parliament must also give its consent to the agreement to be valid.
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