WASHINGTON— In response to President Biden’s executive order on transatlantic data transfers today, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, released the following statement from Nigel Cory, associate director covering trade policy:
President Biden’s new executive order reaffirms the United States’ commitment to the free flow of personal data across the Atlantic. Data flows, including of personal data, are critical to every sector of the global economy. By establishing new safeguards for how U.S. intelligence agencies handle European and American personal data, the administration is showing that data flows and data protection are not mutually exclusive.
The Biden administration took its time to carefully deliberate, design, and explain its approach with the clear goal of addressing past European court decisions and anticipating future legal challenges. Unfortunately, any new transatlantic data privacy framework will inevitably face legal challenges in the European Union.
While the two sides take different approaches to many digital policy issues, this EO and the transatlantic privacy framework are tangible evidence of their shared values and interests. The task of building transatlantic cooperation doesn’t end with a commitment to a new transatlantic data sharing agreement. But it does represent a solid foundation for the two sides to work together on other issues, including shared priorities like responding to Chinese and Russian cyber security threats. It also provides clear evidence that despite their supposed differences, on major issues, they can still find a way to an agreement.
