According to information from Next INpact, the French government intervened in the proceedings initiated against the Privacy Shield to defend the transfer of personal data to the United States. Paris has taken advantage of the window to advocate for their widespread preservation in the hands of intermediaries. In October 2016, the Quadrature du Net, the French Data Network (FDN) and the Federation of Associated Internet Access Providers (FFDN) were attacking the Privacy Shield before the European justice.
For the record, this decision of adequacy is of primary importance. On July 12, 2016, the European Commission considered that the United States provided a level of protection similar to that in effect on our side of the Atlantic. Conclusion? US companies, including the Net Giants, have the right to import the personal data of Union citizens.
The Privacy Shield thus filled a hell of a hole caused by a decision of the Court of Justice of the European Union, which found the Safe Harbor, the previous agreement dating from 2000, to be in breach of fundamental rights. In the Schrems decision of 6 October 2015, she was gobbling up her breaches, enlightened by the Snowden revelations, in addition to the passivity and the failings of the Commission.
A perfectible agreement
In the eyes of FDN, FFDN and LQDN, however, the new agreement now in force is not in the nails of European standards. In their appeal filed at the end of 2016, they raised several preliminary questions, listed on this official page.
In essence, they consider that the risk of mass collection for intelligence purposes is not eliminated with the Privacy Shield. On the other hand, procedural safeguards are sorely lacking in the appeal.
Significantly, France has intervened before the Court of Justice of the European Union to support the European Commission against these three applicants. In the documents which we have been able to consult, it considers this application to the Court of Justice of the CJEU to be unfounded.
The argument is simple: on the one hand, data retention is a necessity. On the other hand, the Privacy Shield is a real shield, whose solidity can not be disputed.
The Philippe government justifies interference in private life