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New US Executive Order unlikely to satisfy EU law

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Oct 7, 2022 Source

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Data Transfers We are now working on an in-depth analysis, which will be published on noyb.eu in the next days. First reaction: Executive Order on US Surveillance unlikely to satisfy EU law More than six months after an "agreement in principle" between the EU and the US, US President Joe Biden has signed the long-awaited Executive Order that is meant to respect the European Court of Justice's (CJEU) past judgments. This is meant to overcome limitations in EU-US data transfers. 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. Biden's new Executive Order seems to fail on both requirements. There is continuous "bulk surveillance" and a "court" that is not an actual court. Link to Joe Biden's new Executive Order (properly structured) Previous Executive Order of 2014 (PDD-28) Reaction by the ACLU Reaction by TACD Executive

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