Statement on EU Comission adequacy decision on US
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Data Transfers Statement on US Adequacy Decision by the European Commission Today, the European Commission issued a new adequacy decision replacing the"Privacy Shield" decision, that was previously invalidated by the Court of Justice of the EU (CJEU) over US surveillance. The CJEU required (1) that US surveillance is proportionate within the meaning of Article 52 of the Charter of Fundamental Rights (CFR) and (2) that there is access to judicial redress, as required under Article 47 CFR. Updated US law (Executive Order 14086) seems to fail on both requirements, as it does not change the situation from the previously applicable PPD-28. There is continuous "bulk surveillance" and a "court" that is not an actual court. Therefore, any EU "adequacy decision" that is based on Executive Order 14086 will likely not satisfy the CJEU. EU Comission adequacy decision on US New Executive Order 14086 Previous Executive Order of 2014 (PDD-28) noyb statement on the Executive Order As highlighted in no