Timothy Toohey was quoted November 10, 2016 by Bloomberg BNA Privacy Law Watch discussing the implications of a Trump presidency on the EU-U.S. Data Transfer Pact or “Privacy Shield”. Passed in July 2016, the Privacy Shield replaced Safe Harbor and provides an important legal mechanism for transferring personal information from the EU to the US.

Toohey said ‘‘in theory Trump should be in favor of Privacy Shield as it protects U.S. industry.” However, Trump may ‘‘choose to replace the administrators at Department of Commerce and the replacements may not show interest in the  nuances of technology and may eschew the arrangement  simply because it was  a product of the prior administration.’’

Most attorneys say that it is too early to tell how a Trump administration will approach the Privacy Shield. Toohey agreed, saying that ‘‘time will tell particularly as the Privacy Shield arrangement is up for review next year.’’