During its November plenary session on 4 November, the European Data Protection Board (EDPB) adopted a report on the first review of the EU-US Data Privacy Framework (DPF).
The EDPB acknowledged the efforts made to implement the DPF by the EU Commission and US authorities since it was adopted in July 2023. In particular, the Board highlighted the US Department of Commerce certification process for companies. However, despite the establishment of a redress mechanism for EU individuals, the report pointed to a low number of complaints, stressing the need for US authorities to enhance compliance monitoring for certified companies and calling for additional US guidance on compliance requirements for data transferred from the EU on areas such as human resources data.
In addition, the report evaluated US safeguards against public authority access to personal data and urged the Commission to oversee developments concerning the US Foreign Intelligence Surveillance Act. The Board recommended future DPF reviews occur within three years.
The EDPB also adopted a statement outlining its concerns about the recommendations put forward by the High-Level Group on Access to Data for Effective Law Enforcement. The Board stressed that "fundamental rights must be safeguarded when law enforcement agencies access the personal data of individuals."
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