Austrian privacy activist Max Schrems has announced a new legal challenge against the EU-US data agreement. According to Schrems, the founder of the privacy organization Noyb, the goal is to enable the European Court of Justice to declare the agreement invalid.
The catalyst for the lawsuit is a recent decision by the US Supreme Court, which allows the US President to dismiss the leadership of the Federal Trade Commission (FTC) at his sole discretion. The FTC plays a central role in implementing the agreement. Schrems argued that EU law requires independent oversight, a mandate that he claims the Supreme Court has undermined by criticizing independent agencies. Furthermore, he urged the EU Commission to begin the phased withdrawal of the agreement immediately, rather than waiting for a legal ruling. “We must now achieve a measured withdrawal,” he stated.
Other regulatory bodies have also signaled the need for action. Marit Hansen, the Data Protection Officer for the German state of Schleswig-Holstein, also emphasized that measures must be taken. She told the Handelsblatt that the EU Commission must promptly review whether the adequacy decision remains valid. Hansen advised companies affected by the agreement to audit their data flows to the USA and determine if they need to enhance their legal, technical, and organizational safeguards.
