In the context of the current review of Safe Harbor, BUSINESSEUROPE urges the Commission to maintain the framework in place and strengthen its security at the same time. Safe Harbor is a key instrument to transfer personal data from the EU to the US. Some of its elements, such as enforcement and scope, must be revised. Encryption and other technical solutions could be encouraged to make Safe Harbor safer, but must not be made mandatory.
Transparency must be ensured and companies should be able to disclose to whatextent they share data with public authorities for purposes of national security.
The recent developments about government surveillance have damaged citizens’ trust and had serious negative implications for companies and for the digital economy as a whole.
Governments must ensure a proper balance between national security and respect of citizens’ fundamental rights. However, the debate on the scope and implications of mass surveillance activities from national governments needs a much broader political solution that goes beyond Safe Harbor.