Austrian lawyer, privacy activist and honorary chair of the not-for-profit organisation NOYB, Max Schrems, has suggested that a third legal challenge to EU-US data transfers may not be necessary following recent US political developments that threaten the EU-US Data Privacy Framework (DPF). Schrems believes structural changes to the US Privacy and Civil Liberties Oversight Board (PCLOB) and the Federal Trade Commission, vital for DPF oversight, could prompt the European Commission to suspend or terminate the agreement before a case reaches the Court of Justice of the European Union (CJEU).
Schrems maintains that his concerns about US surveillance and the lack of effective judicial redress for EU data subjects remain unaddressed. While a Schrems III legal challenge, potentially involving a civil law injunction against a specific company, is still on the cards, he sees a strong possibility the DPF will fail on its own merits.
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