Statement on the U.S. adequacy decision by the European Commission

Today the European Commission issued a new adequacy decision replacing the Privacy Shield decision previously invalidated by the Court of Justice of the EU (CJEU) on U.S. surveillance. The CJEU required (1) that U.S. surveillance be proportionate under Article 52 of the Charter of Fundamental Rights (CFR) and (2) that there be access to judicial review , as required by Article 47 CFR. The updated U.S. law (Executive Order 14086) appears to fail on both requirements, as it does not change the situation from the previously applicable PPD-28. There is continuous “mass surveillance” and a “court” that is not an actual court. Therefore, any EU “adequacy decision” based on Executive Order 14086 will probably not satisfy the CJEU.

Here is the link to the noyb.eu website.