US Supreme Court just blew up EU-US Data Transfers
Key fragments from the article explaining the problem:
> oversight over data protection matters must be done by an “independent” authority. … So far, the US has appointed the “independent” FTC to be the US privacy regulator to meet the EU's requirement for independent oversight. … In a 180° turn on previous case law, the conservative majority in the US Supreme Court has now decided that the independence of the FTC is unconstitutional. … Given that the EU relied on the “independence” of the FTC as a privacy watchdog in almost all cases, the entire structure of the EU-US Data Privacy Framework has just collapsed.
Fragments of the article explaining the impact – seems like Schrems III is incoming:
> the European Commission's decision is formally in force until either the European Commission repeals it or the Court of Justice annuls it. Hence, there is no immanent effect. > >SCCs and BCRs also … rely on an “impact assessment”, which in turn relies on formerly independent US executive bodies such as the PCLOB or the Data Protection Review Court. [Data controllers] must immanently update their assessment – and logically come to the conclusion that data transfers are not legal anymore. > > noyb will also file a lawsuit in the coming weeks, aiming to allow the CJEU to annul the current deal.
Other discussions on this article:
Discussion about the Trump v Slaughter case on r/law – includes summary and links to media coverage.