Discussions at the European Parliament level continue to call into question the validity of the EU Safe Harbor Program in the wake of the NSA scandal. Amidst continuing discussions over Safe Harbor, it is possible that the Parliament could pass a resolution requiring review of the current EU Safe Harbor Program. This could have the effect of forcing a new Safe Harbor program to be agreed upon that would replace the existing program and call into question the validity of the more than 3,000 current Safe Harbor certifications. The timing and actuality of such a move is still unclear. However, many members of the EU Parliament continue to express concerns over the status of the EU Safe Harbor Program. Earlier today, the European People’s Party (EPP) – the largest political party of the European Parliament – issued a press release calling for the renegotiation of the EU Safe Harbor Program.
Further, last week EU Justice Commissioner Viviane Reding arrived in Washington with a delegation of other EU officials to meet with the White House, the Departments of State, Commerce, Treasury, and Homeland Security, the FTC and representatives of the House and Senate Intelligence committees regarding objections to NSA surveillance of EU citizens and changes to the Safe Harbor Framework. We understand that Commissioner Reding brought a list of requested modifications to the Safe Harbor in an effort to begin negotiations.