US Supreme Court ruling on FTC independence threatens EU-US data transfer agreements
By
tomwas54
Summary
The US Supreme Court's ruling in Trump v. Slaughter has determined that the US Federal Trade Commission (FTC) may no longer be considered an independent agency. This has major implications for EU-US data transfer agreements, as EU treaty law requires oversight of such data deals to be conducted by an independent authority. The European Commission's adequacy decision on the US relies on the FTC's independence 259 times. Privacy advocate Max Schrems is calling on the European Commission to withdraw the adequacy decision, potentially disrupting the EU-US Data Privacy Framework and threatening the legal basis for transatlantic data flows.
Source
Key quotes
· 3 pulledGiven that there are no independent authorities in the US anymore, we call on the European Commission to orderly withdraw the adequacy decision on the US.
Since 2000, the EU has relied on the "independent" FTC as the enforcer of EU-US deals on personal data.
In the current EU-US deal, the European Commission relies on the independent FTC 259 (!) times.
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