Organisation: Cross-border Data Forum

Timing: 14:15 - 15:30 on 29 January 2021 - Online 2

Anxiety concerning the future of international data flows has reached un unprecedent peak during these last months. The Schrems II Judgment of the CJEU cast doubt about the possibility to use Standard Contractual Clauses (SCCs) for data transfers from Europe to countries that do not benefit from an adequacy decision. The post-Schrems II guidance issued by the EDPB in November 2020 accentuated this anxiety. At the same time, the CJEU, in its data retention/collection judgments of October 2020, insisted once again on the importance of adequate safeguards when data are processed for the purposes of public security. On the law enforcement side, the CLOUD Act, which has been criticized in Europe for being potentially in conflict with the GDPR, provides for the possibility to conclude agreements on LEA access to data with “qualified governments” meeting a series of safeguards. The main aim of this Panel will be to examine whether democracies could be able, through international cooperation, to respond to the challenge of setting satisfactory global standards for intelligence and law enforcement agencies access to data and to find solid and long lasting solutions for international data transfers.

• Where do we stand with the negotiations on UK adequacy?
• And EU/US? Could non-statutory interventions respond adequately to the deficiencies in US law highlighted by the CJEU?
• Where do we stand with the EU/US negotiations for an agreement on e-evidence and CLOUD Act government access to data? What could be the effect of Schrems II on these negotiations?
• More generally, what is the future of cross-border data flows in a time of debate about “digital sovereignty”?

Moderator:
Théodore Christakis
Université Grenoble Alpes (FR)
Professor, University Grenoble Alpes; Senior Fellow, Cross-Border Data Forum. Chair on the Legal and Regulatory Implications of Artificial Intelligence (ai-regulation.com, MIAI@Grenoble Alpes).
Director, Centre for International Security & European Studies; Co-Director, Grenoble Alpes Data Institute. Member: French National Digital Council; French National Committee for Digital Ethics; Institut Universitaire de France. As an international expert he has advised Governments, International Organisations and the private sector on issues concerning international law, cybersecurity & data protection.

Speakers:
Joe Jones
International Data Transfers (UK)
Joe heads up the UK Government team responsible for future UK data 'adequacy' arrangements. Joe's team works out of the UK Government Department for Digital, Culture, Media & Sport, the lead department on data protection policy. Prior to building this new team's capability, Joe worked in the Department for International Trade where he was Deputy Head of Digital Trade policy. Prior to working for the UK Government, Joe was a lawyer, working as an associate in the London office of Covington & Burling.

Florence Raynal
CNIL (FR)
Florence Raynal began her career in 2000 within the Law Firm Donahue& Partners LLP in New York, where she participated in the setting up of their privacy offer of services. Back to France, she worked as a Senior Manager within Ernst & Young Law Firm and Privacy Officer for Ernst & Young in Europe. In 2008, she was appointed Head of the International and European Affairs Department of the CNIL. She advised the former Presidents Alex Türk, Isabelle Falque-Pierrotin in their Chairmanship of the Article 29 Working Party and of the International Conference.

Ralf Sauer
DG JUST (EU)
Deputy Head of DG Justice's Unit for International Data Flows and Protection at the European Commission. He has been one of the key negotiators of the EU-US Privacy Shield and in the adequacy talks with Japan and Korea. Ralf Sauer has also represented the Commission in the negotiations on a modernisation of Council of Europe Convention 108. He regularly speaks at international conferences and panels on data protection issues. Prior to joining DG Justice, Ralf Sauer worked for almost 10 years in the Commission's Legal Service, among others representing the Commission in front of the European courts in more than 200 cases.

Peter Swire
Georgia Tech and Research Director, Cross-Border Data Forum (US)
Peter Swire is the Elizabeth and Tommy Holder Chair and Professor of Law and Ethics in the Scheller College of Business at the Georgia Institute of Technology, senior counsel with the law firm of Alston & Bird, and Research Director of the Cross-Border Data Forum. Under President Clinton, Swire was Chief Counselor for Privacy in the U.S. Office of Management and Budget. Swire served as one of five members of President Obama’s Review Group on Intelligence and Communications Technology. In 2015, the International Association of Privacy Professionals awarded Swire its annual Privacy Leadership Award.

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