US to extend privacy protection rights to EU citizens

The Obama administration has caved in to pressure from the European Union in the wake of Edward Snowden's revelations on surveillance by promising to pass legislation granting European citizens many of the privacy protection rights enjoyed by US citizens.

The proposed law would apply to data on European citizens being transferred to the US for what Washington says is law enforcement purposes.

After the first Snowden revelations appeared in June last year, the Obama administration irritated many by insisting that while US citizens were protected by law from snooping by US spy agencies, this did not apply to non-Americans.

On Wednesday the US attorney general, Eric Holder, promised at a US-EU meeting of home affairs and justice ministers in Athens that legislation would be sent to Congress to extend the US Privacy Act to EU citizens.

The EU, as well as human rights and privacy groups, welcomed Holder's announcement but coupled it with expressions of scepticism, describing it as a vague promise.

Viviane Reding, the EU justice commissioner, said it was an important step in the right direction but added: "Words only matter if put into law. We are waiting for the legislative step."

Human rights groups said the US Privacy Act, in spite of being touted as a beacon for the rest of the world, had a relatively weak regulatory framework. They said Holder's pledge did not address many of the other issues raised by mass surveillance worldwide by the NSA and its partners, including Britain's GCHQ.

Speaking after the Athens meeting, the EU home affairs commissioner, Cecilia Malmstrom, said: "EU-US relations have been strained lately in the aftermath of the Snowden revelations but we have worked very hard to restore trust."

Holder said: "The Obama administration is committed to seeking legislation that would ensure that … EU citizens would have the same right to seek judicial redress for intentional or wilful disclosures of protected information and for refusal to grant access or to rectify any errors in that information, as would a US citizen under the Privacy Act.

"This commitment, which has long been sought by the EU, reflects our resolve to move forward not only on the data protection and privacy agreement but on strengthening transatlantic ties."

The US and the EU have been negotiating for three years over personal data protection, but the discussions took on a new immediacy with the Snowden revelations.

Emotions have been strongest in Germany, given the history of mass surveillance by the Stasi, and this was compounded when it was revealed that the US had been snooping on Angela Merkel. The German government has pressed Obama, Holder and other members of the US administration to set out how they would curb spying on non-Americans.

Over the last year Obama has made repeated overtures to Merkel and other EU leaders only to be rebuffed. European governments, as well as the European parliament, has called for concrete action rather than just soft words. Even a speech in January in which Obama said he had asked Holder and the intelligence community to develop safeguards for foreign citizens met with scepticism.

Holder said the data protection agreement under discussion related to personal data shared with the US by European countries for law enforcement purposes. He framed it in the context of transnational crime and terrorism, in particular fighters travelling to and from Syria.

"One consistent theme ran through all our discussions: in a world of globalised crime and terrorism, we can protect our citizens only if we work together," Holder said. "At the same time, we must ensure that we continue our long tradition of protecting privacy in the law enforcement context."

Gus Hosein, executive director of Privacy International, said: "It is a good step forward. Nonetheless, there are three massive impediments to achieving equivalent protection under law. First, Congress needs to act on this and we haven't seen many positive steps on protecting non-Americans' rights."

Secondly, Hosein described the US Privacy Act as "an unfortunately weak legal regime" and, thirdly, he wanted worldwide privacy protections against what he said was the accumulation of massive amounts of data by US intelligence against non-Americans.

Cynthia Wong, senior internet researcher at Human Rights Watch, said: "It may be a small step in the right direction but much more needs to be done to address data protection in the US and to rein in the sheer scale of what the NSA is collecting."