French MP Philippe Latombe is launching an appeal against the data transfer agreement between the United States and Europe, which is still far from achieving consensus within the community.
Philippe Latombe, Modem and Independents MP for Vendée, known for his strong positions and his attachment to the GDPR, has initiated an appeal against the transatlantic data transfer agreement, the Data Privacy Framework (or new Privacy Shield). This text allows American technology giants to transfer European personal data to the United States. The elected official believes that the DPF does not sufficiently protect Europeans’ data and requested the suspension of the agreement. This approach sparks a debate on data protection on a global scale.
Suspending the text before it definitively comes into force… mission impossible?
The agreement on the transfer of European personal data to the United States was formalized despite the reservations of the European Parliament and the European CNIL. For Philippe Latombe, the Data Privacy Framework does not guarantee adequate protection of the data of European citizens and could be invalidated by the Court of Justice of the European Union (CJEU).
The DPF is criticized in that it is very similar to its predecessor, the Privacy Shield, invalidated by the CJEU in 2020. MP Latombe believes that the DPF risks suffering the same fate, and it could take two years or more before ‘such a decision falls. Max Schrems, the famous founder of the NOYB association, has already promised to challenge the text before the CJEU, as he had already done in the past.
But Philippe Latombe’s procedure could be faster, because the procedure consists of directly asking the Court of Justice of the EU to rule on the validity of the DPF. Unlike other remedies which require searching for a specific company transferring data across the Atlantic, this procedure takes less time. In addition, the MP requests the suspension of the text while the procedure is examined. Why that ? Because the agreement could come into force as early as October 10. The task promises to be difficult, and the chances that the appeal will fail are not small.
A means of pressure before Max Schrems’ appeal?
Personal data of Europeans transferred to the United States is subject to much less protective American privacy legislation. Tech giants have access to this data (and the authorities potentially), which raises concerns about the protection of individuals’ fundamental rights. We must not forget that the Privacy Shield was invalidated for these same reasons. However, the European Commission claims that the DPF has been able to bridge this gap, and this is mainly what MP Latombe disputes.
The elected representative acts in any case in an individual capacity, relying on Article 263 paragraph 4 of the Treaty on the Functioning of the European Union (TFEU). This allows citizens to challenge a Commission decision by filing an action for annulment. If the procedure does not work, that of Max Schrems could take over with a more traditional expected legal action, but with the wait that we were talking about, which would amount to years.
Philippe Latombe received the support of jurists, lawyers, but also from the AFCDP, the French association of correspondents for the protection of personal data. If AFCDP members had greeted the DPF with relief, Latombe’s approach is praised for its speed, although it may face legal challenges.
Sources: AFCDP, 01netClubic
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