The EU-U.S. Data Privacy Framework
10 march 2023
The EDPB adopted its opinion on the draft adequacy decision regarding the EU-U.S. Data Privacy Framework. The EDPB welcomes substantial improvements such as the introduction of requirements embodying the principles of necessity and proportionality for U.S. intelligence gathering of data and the new redress mechanism for EU data subjects. At the same time, it expresses concerns and requests clarifications on several points. These relate, in particular, to certain rights of data subjects, onward transfers, the scope of exemptions, temporary bulk collection of data and the practical functioning of the redress mechanism. The EDPB would welcome if not only the entry into force but also the adoption of the decision were conditional upon the adoption of updated policies and procedures to implement Executive Order 14086 by all U.S. intelligence agencies. The EDPB recommends the Commission to assess these updated policies and procedures and share its assessment with the EDPB.
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