February 17, 2023 | less than a minute read

EU Parliament Committee opposes adequacy decision on EU-U.S. Data Privacy Framework ("Privacy Shield 2.0")

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Steve Millendorf

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Get in touch

Steve Millendorf

Partner

In another chapter in the saga of cross-border transfers of personal data between the EU and the U.S., the Members of the European Parliament (MEPs) Committee on Civil Liberties, Justice, and Home Affairs formally opposes the approval of the EU-U.S. Data Privacy Framework. This comes after President Biden already attempted to address the concerns of the original Privacy Shield through executive order, and suggestions by Max Schrems that he would file suit almost immediately upon adoption. In the MEPs opinion, one of the big sticking points is the proposed redress mechanism through the to-be-created "Data Protection Review Court" and its potential lack of independence.

The European Parliament Committee on Civil Liberties, Justice and Home Affairs does not want the European Commission to extend an adequacy decision to the U.S. based on the proposed EU-U.S. Data Privacy Framework. In their opinion, committee members concluded the proposed DPF "fails to create actual equivalence in the level of protection" offered under the EU General Data Protection Regulation and urged the European Commission to only adopt a decision when "meaningful reforms were introduced, in particular for national security and intelligence purposes" on the part of the U.S.