Sophie in’t Veld, a Dutch ALDE Member of the European Parliament and member of the Civil Liberties Committee criticised the US interference in draft stage of the European Data Protection law, that is before legislators as herself got the proposal from the European Commission. Among the controversial changes that are attributed to draft stage interference is the former Article 42, paragraph 1 read:
1. No judgment of a court or tribunal and no decision of an administrative authority of a third country requiring a controller or processor to disclose personal data shall be recognized or be enforceable in any manner, without prejudice to a mutual assistance treaty or an international agreement in force between the requesting third country and the Union or a Member State.
Of course the European Commission original proposal has to be viewed as a clarification in the context of unwanted practices the US Patriot Act and provoked strong reactions on the US side. The “42” was reintroduced as Amendment 259 in the Civil Liberties Committee Draft.Author : rebentisch