In a press release published on Thursday 7 September, French MEP Philippe Latombe announced that he had filed an application for the annulment of the adequacy decision on the EU-U.S. Data Privacy Framework (DPF). He considers that this decision does not comply with either the General Data Protection Regulation (GDPR) or the EU Charter of Fundamental Rights.
Mr Latombe deplores the lack of debate on the DPF, adopted by the European Commission in July (see EUROPE 13219/11). Fundamentally, he considers that the DPF is “a profoundly unbalanced system, constructed to the detriment of European law [...] and, ultimately, of the citizens of the Union”. He thus believes that the framework does not offer guarantees of the right to an effective remedy and access to an impartial tribunal, while failing to provide a sufficient framework for automated decisions and offering no guarantees regarding the security of the data processed.
Although this is the first case brought against the DPF, the conclusion of an agreement on the transfer of data between the EU and the United States has been an “interminable soap opera”, in the words of Mr Latombe. The two previous adequacy decisions have already been invalidated by the Court of Justice of the EU (see EUROPE 12529/2, 11404/1). (Original version in French by Hélène Seynaeve)