The Bush administration and the European Commission have not publicized their talks, but they referred to their progress in a little-noticed paragraph deep in a joint statement after a summit meeting between President Bush and European leaders in Slovenia this month.
Issued June 10, the statement declared that “the fight against transnational crime and terrorism requires the ability to share personal data for law enforcement,” and called for the creation of a “binding international agreement” to aid such transfers while also ensuring that citizens’ privacy is “fully” protected.
The negotiators are trying to agree on minimum standards to protect privacy rights, such as limiting access to the information to “authorized individuals with an identified purpose” for looking at it. If a government’s policies are “effective” in meeting all standards, any transfer of personal data to that government would be presumed lawful.
For example, European law sets up independent government agencies to police whether personal data is being used lawfully and to help citizens who are concerned about invasions of their privacy. The United States has no such independent agency. But in a concession, the Europeans have agreed that the American government’s internal oversight system may be good enough to provide accountability for how Europeans’ data is used.