Transcripts For CSPAN2 Technology Policy Institutes 2020 Asp

CSPAN2 Technology Policy Institutes 2020 Aspen Forum Privacy Regulation Panel July 12, 2024

Please take it away. Having him muted myself, thank you for that introduction. Whether or not there is a consensus on your comment about me it certainly sounds like there is a consensus about the desirability at aspen so maybe we do that before too long and looked to getting together. Our panel is in fact the most distinguished and knowledgeable panel that we could provide to discuss the subject on the privacy regulations and very timely. One of the problems with giving talks and making remarks and addressing International Privacy developments is you can prepare the remarks three or four weeks earlier you would have to do it all again. Its a Constant Development and here we are going to be talking on the union back in july and the kind of counterpoint of the rebuttal responding to the decision, the doj, the department of commerce and we are now honored and pleased to report theres also the Privacy International decision that we expect will be addressing the court of justice this last week and in france regarding privacy developments. So, theres very much new to talk about. My guess is while there may be some consensus on the interest and importance of the subject, little consensus i would imagine on both sides regarding possible double standards between the application of the privacy and the National Interest standards through the United States versus the eu Member States and the need for convergence and government and the importance of Digital Commerce as a trade matter to ensure the data flows between the United States and European Union continue. Its not just the u. S. And the eu. Its the rest of the world, tomac. I apologize that we do not have a pack represented here, but i know that the speakers have knowledge experience. I will introduce the speakers and then turn over to each for some introductory remarks and then we will begin the kind of a roundtable discussion. And i would certainly address the audience questions as indicated by packing the questions. So, the head of the International Data Protection Unit he has led the commissions work in the area of Data Protection and legislative reform which i think certainly is a lifetime appointment opportunity for him. In that capacity, he headed the delegation and that resulted in the adoption of the regulation and also Law Enforcement. He was one of the lead negotiators in the Privacy Shield agreement and recently negotiated the arrangement with japan. He previously served as a member of the Legal Service and assistant judge to the European Court of justice having practiced law in the private sector before that. He holds degree in laws and Political Science and is the author of numerous publications. The head of the austrian Data Protection authority and became the head of the epa in 2014 and holds a doctorate degree in law. While a student she worked as a consultant at the science fund and later as a training lawyer and legal officer. Later she moved to the ministry of interior where she worked as a legal officer and later at the department of legal and legislative development. One of her specialties help determine her career she was later the head of the vienna Foreign Police and before that the first woman in vienna to be appointed the head of the Police Commissioners office. She then became chair of the working party under the prior directive on the Data Protection and now serves as the chair of the Data Protection board. Kenneth is a senior fellow at the Atlantic Council and adjunct professor of law at georgetown. He is a senior fellow on the council of the future Europe Initiative and consultant for the Technology Company on the transatlantic digital policy issues. He is a contributor to the end valuable welfare blog and also serves as a director of trade policy. From 2011 to 2015 he was a legal counselor to the u. S. European union in brussels where he led the governments engagement in the eu on Digital Privacy law and policy. He previously was in office as a senior attorney in the office and the department of state and he served as the Legal Advisor to the u. S. Embassy in germany and holds a law degree and bachelors degree so with that you can see that we have a qualified and distinguished panel and we will turn it over to the commission for introductory comments. Thank you very much. Im very happy also to be here with my co panelists and i consider you friends and have been working together on these issues on different sides for many years. You want us to dive into the complexities and then [inaudible] the transatlantic point of view. Im ready to do this but maybe it would be helpful to start the conversation to step back and put these issues into a broad perspective. When looking at this perspective, there are two considerations to keep in mind. First, it must sound obvious in todays world the demand for the protection of the noteholder it is a true truly global phenomenon and question as recognized by many frameworks around the world. It is a comparative at the time. Its also Consumer Confidence in the way that they handled no Sustainable Growth of our increasingly Global Economy and what is interesting and remarkable is that countries and societies around the globe are facing similar challenges and tend to equip themselves increasingly with new silos that tend to share commonality in terms of enforcement mechanisms. From chile to south korea, just to mention a few examples. The strength to which the global convergence implies the standards is that it can be, can and is a very positive one that brings the opportunities and tangible benefits to increase the production. That brings me to the second concentration which is [inaudible] for the individuals, governments, companies and atlarge. That is an inescapable fact in our interconnected world with trade, cooperation between public authorities and also social interactions. In this respect, it highlights the activities in the research and diagnosis, treatment, cyber crimes, successful exit strategy. If you are expecting me to address [inaudible] you might be surprised that im starting with these two considerations. But more than ever before, it appears they have to go hand in hand, and at the same time they are difficult questions, almost a dilemma that for instance the initiatives and the decisions [inaudible] how to reconcile those imperatives, the protection of privacy and the need to ensure that it can move around the globe. When in other words, how do you ensure the connectivity in the interconnected work that is the issue and that the goal of the decision and the decision of the french [inaudible] you also mentioned. It isnt a european issue. I say fortunately because this isnt an issue the eu is trying to address alone or wants to address alone. It is this needed to reconcile privacy and to make privacy a co element at the center of the initiative launched by the former japanese Prime Minister and in the meantime which has been endorsed by the g20 and the g7. This recognition that they are assets that require protection is also more and more relevant in the u. S. Context not only because you see the development of the legislation but if you look for instance at the initiative by the secretary of state pompeo, the same Network Initiative suggesting for instance to use privacy and Data Protections high suppliers of the Network Elements that shows also they are coming from different angles, different legal traditions and looking at the issues in a slightly different way we have these challenges. We have to address complex and difficult issues and today it is probably more Common Ground between the eu and the u. S. And other underlying countries. And then a few years ago. Ive been dealing with these issues for some years. When i started to travel to the u. S. To discuss these privacy issues, the question was brought up why are you trying to adopt this and [inaudible] today i must say the question is much less. We have discussions about how and why do you choose that solution are that approac or thr another one, but in the amount of time its a very significant. And we need to work on to face. And those which may not share the same challenges and with the same opportunities. I hope i wasnt too long i just wanted to say some introductory remarks and also why but having said that i am happy to answer any questions with Privacy International and the saga around them. Thank you im looking forward to the conversation and answering as many questions as possible. One quick followup if i understand you correctly to be optimistic or positivity maybe those are indistinguishable but and with shared values and Common Ground obviously between the two jurisdictions that has been optimized. Candy audience take away from your optimism or positivity the commission will be issuing guidance that will help organizations and companies and governments go beyond the concerns . Where they do something contributing to the development of a solution and then to and then after finalizing with the social distancing in the full or half empty cup the moon to extend this judgment and the judgment the higher court and then to understand that the countries around the world and then to embrace at the opportunity the economy in general and with those individual rights and those issues is much higher on the agenda with the department of longlasting solutions and with other International Organizations and other possibl possible. So doctor have any of the remarks. First of all i want to thank you for inviting me because to show the big picture and then to very deeply and her share. Now to summarize this the action taken in the coming weeks and on july 16 with the Privacy Shield according to the court with the National Security and with those fundamental rights and as a result on these grounds to be developed. And that there is no greece. In the same conditions with the validity as they are right now and then when using and then to rely on binding corporate will on a casebycase basis and with that Data Protection it is important to note that applies not only in that the number of cases that level of protection and then to determine what the impact hundreds of thousands and then to understand the need for organization and with the small or mediumsized organization and with the 23rd of july and with the courts ruling and with that data importer to verify and then have the right to privacy. And with that data is unable because of competing obligations and then to ensure the level of perfection that is guaranteed. So if they come to the conclusion with that equivalent standard so if they continue with the data and with that transparent data and that cannot be ensure. And in the economic area. And while also having a major obligation so in order to ensure consistency and to be prohibited. Who would take place in the corporation and with the European Union amendment was be limited to a specific situation in the we have a task force that will develop Additional Information and recommendations in that is currently preparing recommendations in collaboration to identify complementary measures with that level of perfection. The technical and organizational in nature. And then irony mentioned in the interview two weeks ago that means it should be ready in about six weeks. So however the context of Data Transfer so each would need to evaluate and then to bear in mind or in addition to the task force to look into complaints were to be withdrawn and with the Facebook Services that the complainant from the and geo and then in the basis of the us. According to the recent judgment of the court the controller is unable to ensure and then to ensure the corporation with the members of the board and then is necessary and then it also follows the actions at the National Level and with the permission to gather with the us and to comply with the Data Protection law and i judgment of the court. And with the transfer there any questions i am able to answer and have not already answered i will be there. Thank you. We appreciate your comments and then as full on as clean on as fully as possible. And then with the indication with that guidance and then to transfer data. So with regard to the recommendations are supplemental measures are you able to foreshadow with the technical organizational measure or so on. So what sorts the guidance can you give us on what to expect . And is there a factor to be taken into account for litigations in the eu courts for the redress that the court of justice requires . And in what we can expect with the full recommendation . As i already said that i want to disclose anything because it isnt fair for that are still working and am already disclosing our ideas but there will be a lot and there in the paper it will not be just one page. Thank you and forgive me for trying to extract preliminary perspectives and we may be heading i do understand it is a work in progress. So now let me turn to ken for his perspective from the United States and international as well with regard to Digital Commerce. I first wanted to echo something that despite the chronic difficulty this is a Community Working on privacy issues. And then the conditions actually are as he says with a general political solution and its not just the legal solution. And to have stable circumstances to have a number of elements to make it politically stable as well and then to briefly sketch out and as just explained there was an enormous effort going into the same standard that they had insisted upon but obviously their future with that transfer mechanism is also uncertain and as she indicated herself and with the none of your business organization. That word create considerable uncertainty. So i anticipate there is a further effort by the Us Government and European Commission to focus on a specific problem with Privacy Shield its not an easy exercise obviously they have been struck down but the point is if thats necessary at this point and obviously addressing the issue of the lack of individuals redress for foreigners is at the top of the agenda right now. I have been doing some writing and thinking on this subject so in those institutions in the United States that can be adapted to create better remedies in this area one can work with the privacy that has important goals with the counterterrorism room area. There is the Foreign Intelligence Surveillance Court with institutional oversight with the foreign Intelligence Surveillance act and it could conceivably with the individual oversight responsibilities as well. There is some serious thinking underway on the subjects and im hopeful it will yield some curves. And with that comprehensive privacy law. And to respond for the criticisms with baseline privacy rights and the independent regulatory to enforce them. And enacting such a law the Us Government sends an important signal to the rest of the world it has entered the global privacy law mainstream and the credibility gained would be very significant for future international negotiations. The third element and in privacy circles, that comes from the area of trade law there have been efforts from these trade agreements and with digital trade and specifically in these are drawn and that president and they are included in the us the Mexico Canada Free trade agreement for example. And preaching with japan last year. And under negotiation with the United Kingdom in the Bilateral Agreement and with the crossborder transfers that were protectionist or discriminatory and then based on privacy law and not be done on the arbitrary basis this will serve the negotiations between the United States and European Union for the Transatlantic Trade Partnership that would pursue during the obama administration. And it was revisiting were the United States and the United Kingdoms could come to an agreement and there would be some inspiration there for future discussions for the us and eu and that is the multilateral engagement. And then to mention in the focus on us surveillance with those Data Transfer that the f

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