Thread by @markscott82

Giddy up: Eurpoean Comission’s @BrunoGencarelli & @CommerceGov’s Christopher Hoff (the men in charge of getting a EU-US data deal done) are chatting.

Live thread coming up.

<<Cracks knucles>> 👇

Back story: Privacy Shield negotiations are ongoing to keep data flowing across Atlantic. It’s a big deal (here’s why politi.co/3u0625Z).

Biggest issue: Allowing EU citizens greater judicial redress when their data is shipped to the US.

FWIW, US say EU countries also have similar data-hungry data practices that affect US citizens.

But hey, that’s out of scope of Commission, which is negotiating this deal for EU side.

Great start: the moderator was on mute.

Now we get going. Christopher Hoff has some fancy plants in his background. Bruno Gencarelli is in a white zoid.

US 1, Europe 0.

Power move: Hoff is rocking a massive water bottle. Your move, Bruno.

I kid, let’s get to it:

Gencarelli: We are determined to work hard to get a deal, it’s in everyone’s best interests. But — and it’s a big but — any decision has to meet the obligations of Europe’s highest court.

Hoff: Commerce and Biden administration eager to solve the problem. But also national security agencies are also part of the discussions going on in DC.

For me, that means this isn’t just a legal issue. It’s also a national security issue.

Hoff: “We are trying to find solution that we can come to quickly and so a lot of that is not legislative”

In non-legal speak: we’re not going to change US law, you’ll get executive orders.

See you in Luxembourg in 2 years, then?

Gencarelli: big part of the solution is to use multilateral groups like OECD to create data-transfer standards. “We need international standards.”

Follow-up question: How’s that OECD process working out for digital tax? 🤨

Side note: Hoff’s hair is a sight to behold. Well-quaffed, slightly greying. Have some serious hair envy...

Hoff: “There’s is a future for global frameworks that address the international framework of data privacy laws.”

Non-legal speak: let’s sidestep the EU-led approach on data protection & set voluntary standards via OECD to reduce Brussels’ power over this stuff

Gencarelli: “We are getting there in terms of developing a common set of rules of convergence at an international level.”

Reminder: this move is not new bit.ly/3rp54yO

Hoff: data flows to places like China need to be treated differently between data flows between democratic govts.

That’s a key point: Privacy campaigners focused on EU-US transfers. But are mostly quiet on EU-China transfers.

Hoff: “There’s this narrative that the US is much different than EU member states and other like-minded democracies. That’s just not the case” — on govt surveillance/data access.

This comes up a lot: US thinks Europeans have same data-hungry practices for their own spooks. Which, frankly, is true.

But what is also true is Privacy Shield negotiations don’t focus on that b/c national security concerns are out of Commission competencies

Gencarelli: on privacy shield timeline -- “Good negotiations don’t have deadlines. But we’ll be ready when we’ll be ready… If this can be done by July, fine. If it requires more time, it’s fine as well."

Hoff: on Priacy Shield deadline -- “We’re are working around the clock. This has the full support of the administration, there’s a lot of political will in the world."

Privacy Shield pact by July unlikely; Gencarelli & Hoff very much on message re: rekindled EU-US relationship; Hoff has some mighty fine hair.

Thread, done.