The war for data transfer to the United States is not over

As soon as the deal was announced, privacy activist Max Schrems was already there like chickens. Among other things, he predicts a few months before the final legal agreement is reached. He has already announced that he will go to the European Court of Justice for Screams III. You know: he won the first two rounds of the European Court with flying colors.

EDPB now goes one step further in its statement. First, the EDPB kindly points out to the Commission that it should seek a preliminary opinion from the EDPB on the legal agreement. Second, the EDPB warns “Details“The new agreement will examine whether data collection in the United States for national security purposes is limited to” absolutely necessary “and” proportional “.

The EDPB then comes to the center revealed in the European Court of Justice Schrems II judgment. I take the liberty of quoting that center first from the official English news of the EDPB:

The EDPB will also examine the extent to which the declared independent settlement mechanism respects the EEA as an effective solution for individuals and the right to a fair trial. In particular, the EDPB looks at whether any new jurisdiction of this mechanism accesses relevant information, including personal data, while performing its functions and can make decisions restricting intelligence services. The EDPB will also consider whether there is a judicial remedy against the decisions or inaction of this Commission.

In short, the EDPB will focus on whether EU citizens now have enforceable rights in the courts against the US administration. The European Court of Justice ruled in Schrems II’s that it was in no way under the shield of privacy (for activists: see Legal Review of Judgment 181).

Finally, I noticed an AP press release about the EDPB report. After all, we are still eagerly awaiting the results of Google Analytics provided by Watchdog, which also has this transmission problem. We have already seen EU watchdogs that have already decided that Google’s further action will not solve the problem of US law. Thus Google Analytics was banned.

But the AP press release seems to be opening the door. Read along:

Currently, US law does not adequately protect the personal data of Europeans. Personal data is secure. If that (…) fails, personal data will not be allowed to be transferred to the United States.

I read in it that AP believes it is really possible to move to the US with the right, additional measures. I wonder if more people are reading this.

But now one result is clear. ⁇Never tired e“American Exchange War, and”The sequel continues† So I will definitely come to AG Connect.