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Judicial redress for EU citizens: a ‘sticking point’ for revised EU-US data transfer scheme

Zone(s): Europe ¦ Sector(s): Data Protection, Law
[17 June 2014, OUT-LAW News, legal news and guidance from Pinsent Masons]  The US must create a new law that gives EU citizens access to judicial redress there if they are concerned about the handling of their personal data by US authorities, a senior EU official has said.

Justice Commissioner Viviane Reding said that the lack of judicial redress is an issue that could prevent the EU giving its backing to a framework that facilitates the transfer of personal data from the trading bloc to the US.

“When Americans come to Europe and they think the authorities have not handled their case correctly, they can go to a European court,” Reding said in a recent speech. “However an EU citizen cannot do the same in the US and go to an American court. There is no reciprocity; we do not have the basis for judicial redress. You cannot make an agreement if you do not have judicial redress. The US has recognised the importance of this request on several occasions – but they need to have a law. I have not yet seen it.”

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