The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows

U.S. Sen. Roger Wicker, R-Miss., chairman of the Committee on Commerce, Science, and Transportation, will convene a hearing titled, “The Invalidation of the EU-US Privacy Shield and the Future of Transatlantic Data Flows,” at 10:00 a.m. on Wednesday, December 9. The hearing will explore policy issues that led to the European Court of Justice’s (ECJ) invalidation of the EU-US Privacy Shield Framework, one of the key mechanisms for allowing the transfer of personal data from the European Union to the United States. The hearing will also examine the impact of the ECJ’s decision on U.S. businesses engaging in transatlantic digital commerce and what steps the U.S. Government is taking to develop a successor data transfer framework with the Europeans.

Witnesses:

  • The Honorable Noah Phillips, Commissioner, Federal Trade Commission
  • Ms. Victoria Espinel, President and Chief Executive Officer, BSA – The Software Alliance
  • Mr. Neil Richards, Koch Distinguished Professor in Law, Washington University School of Law
  • Mr. James Sullivan, Deputy Assistant Secretary for Services, International Trade Administration, U.S. Department of Commerce
  • Mr. Peter Swire, Elizabeth and Tommy Holder Chair of Law and Ethics, Georgia Tech Scheller College of Business, and Research Director, Cross-Border Data Forum

*Witness list subject to change  

Hearing Details:

Wednesday, December 9, 2020
10:00 a.m.
Full Committee Hearing (Hybrid) 

This hearing will take place in the Russell Senate Office Building 253. Witness testimony, opening statements, and a live video of the hearing will be available on www.commerce.senate.gov

In order to maintain physical distancing as advised by the Office of the Attending Physician, seating for credentialed press will be limited throughout the course of the hearing. Due to current limited access to the Capitol complex, the general public is encouraged to view this hearing via the live stream.

*Note: Witness list updated 12/7/2020

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Majority Statement

  • Chairman Roger Wicker

Minority Statement

  • Ranking Member Maria Cantwell

Testimony

  • The Honorable Noah Phillips

    Commissioner
    Federal Trade Commission
    Download Testimony (158.21 KB)
  • Ms. Victoria Espinel

    President and Chief Executive Officer
    BSA – The Software Alliance
    Download Testimony (307.58 KB)
  • Mr. Neil Richards

    Koch Distinguished Professor in Law
    Washington University School of Law
    Download Testimony (185.31 KB)
  • Mr. James Sullivan

    Deputy Assistant Secretary for Services
    International Trade Administration, U.S. Department of Commerce
    Download Testimony (112.97 KB)
  • Mr. Peter Swire

    Elizabeth and Tommy Holder Chair of Law and Ethics, Georgia Tech Scheller College of Business
    Research Director, Cross-Border Data Forum
    Download Testimony (318.92 KB)