Sophie in’t Veld, member of the European Parliament, asked new questions on the data tranfer of personal information of European citizens to the U.S. after the Privacy Shield judgment of the European Court:
Personal data of Accidental Americans are transferred to the US because of national govs implementing extraterritorial US #FATCA. Does @EU_Commission consider this to be in line with #GDPR? My questions↘️ pic.twitter.com/ZEyJNeYfJO
— Sophie in ’t Veld (@SophieintVeld) September 23, 2020
Addition 20 October 2020
The questions of 22 September 2020 are published here, the text:
In order to comply with the US Foreign Account Tax Compliance Act (FATCA), implemented by bilateral intergovernmental agreements (IGAs) concluded between the EU Member States and the US, accidental Americans, who are EU citizens, have to transmit a social security number (SSN) to their bank under threat of closure of their bank account. In order to obtain this SSN, these people have to provide very sensitive data to the Federal Benefit Unit of US embassies, which are subsequently transferred to the US.
1. Does the Commission consider this transfer of information to be in line with the General Data Protection Regulation (GDPR)?
2. Does the Commission consider that this transfer of information is a direct consequence of the intergovernmental agreements concluded by the Member States to implement FATCA? What actions does the Commission undertake to protect the transfer of this information to the US?
3. Will the Commission open infringement procedures against the Member States?