European Parliament Calls on Commission to Reject EU-US Data Privacy Framework
The European Parliament on May 11, 2023, adopted a resolution calling on the European Commission to reject the EU-US Data Privacy Framework (the “Framework”). The resolution was adopted with 306 votes in favor, 27 against and 231 abstaining. The resolution urges the European Commission to continue negotiations with its U.S. counterparts in order to create a mechanism that would ensure equivalence and provide adequate protection for EU data protection law.
The Framework was proposed by the Commission in July 2022 as a replacement for the EU-US Privacy Shield, which was invalidated by the Court of Justice of the European Union (CJEU) in July 2020. The Framework is designed to ensure that the transfer of personal data from the European Union to the United States continues to be allowed, while also providing adequate protection for European citizens’ privacy rights.
What Are the Key Takeaways of the Resolution?
- The Parliament requests that EU citizens should enjoy the same rights and privileges as US citizens concerning surveillance and judicial redress mechanisms.
- The Data Protection Review Court (DPRC), which is proposed as a new redress mechanism, has raised concerns. The Parliament calls on the Commission to address these issues in negotiations with the US. For example, decisions of the DPRC would be classified and not available to the complainant, and some aspects of the DPRC lack independence.
- The Parliament concludes that the EU-US Data Privacy Framework does not provide the essential equivalence required. It calls on the Commission to continue negotiations with the US regarding the Framework and not to adopt an adequacy decision until all the recommendations made in the resolution and the EDPB opinion are fully implemented.
- Furthermore, the Parliament urges the Commission to ensure that the proposed framework offers a solid, sufficient and future-oriented legal basis for EU-US data transfers, acting in the interest of EU businesses and citizens.
- It emphasizes that if an adequacy decision is adopted and subsequently invalidated by the CJEU, this would be a failure to safeguard EU citizens' rights, and the Commission would be responsible.