U.S. Privacy Changes Put EU Data Flow Pact on Strong Footing
Law360
Law360
Bob Litt spoke to Law360 about President Biden signing an executive order implementing the EU-U.S. Data Privacy Framework, which bolsters privacy and civil liberties safeguards for U.S. intelligence efforts involving personal data transferred from the EU to the U.S., and creates a multilayered, independent judicial mechanism for EU residents to challenge these activities.
According to Bob, the federal government has appeared to have “made a good faith effort to go as far as it can on this.”
“This executive order is clearly an effort on the part of the U.S. to meet the European Court of Justice’s concerns in a way that’s consistent with our legal framework and our need to protect national security,” Bob said.
He added that the government is likely to “move quickly” to establish safeguards, particularly the ones involving the new Data Protection Review Court, because it will want to show the European Court of Justice as it weighs its adequacy decision that these mechanisms are “up and running.”
“It’s definitely manageable and doable from the U.S. side,” Bob added. “What’s unclear is whether the European Court of Justice will find it acceptable.”
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