EU MEPs adopt resolution against adequacy decision of the EU-U.S. Data Protection Framework

Seems to be another (and maybe final) nail in the coffin for the EU-U.S. Data Privacy Framework (DPF). In a resolution from the MEPs of the EU Civil Liberties Committee, they recommended that the EU Parliament not grant the DPF an adequacy decision that would allow for flow of personal data from the EU to the U.S. without the use of standard contractual clauses, binding corporate rules, or another lawful method of transfer. The MEPs recommendation is based on the following findings:

• While the DPF creates the Data Protection Review Court, it took issue with the fact that its decisions would be secret, thus violating the rights to access and rectify data about them. The judges on the court could also be dismissed by the President of the United States, who could also overrule the court, reducing the court’s independence. 
• They also suggest that the DPF still allows for bulk collection of personal data in some cases without independent prior authorization, and does not provide clear data retention rules. 

On the bright side, in light of the invalidation of the prior Safe Harbor and Privacy Shield frameworks, the MEPs noted that the DPF should not be approved until the Commission can make sure that the DPF can withstand legal challenges – this is important to providing certainty to EU and U.S. entities. 

For now, organizations who transfer personal data from the EU to the U.S. will need to continue to use the Standard Contractual Clauses (with appropriate Transfer Impact Assessments) or some other lawful approved method of transfer. 

In a resolution adopted by Civil Liberties Committee MEPs on Thursday, MEPs argue that the European Commission should not grant the United States an adequacy decision deeming its level of personal data protection essentially equivalent to that of the EU and allowing for transfers of personal data between the EU and U.S.

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