Could a Data Protection Review Court unlock EU-US data transfers?

13/06/2022 | The Hill

An article for The Hill considers issues surrounding the lack of an adequate remedy for EU citizens under US law for privacy harms. While the US and EU have agreed in principle on a new Trans-Atlantic Data Privacy Framework, there are concerns, including an open letter from noyb in which Max Schrems writes that a US Executive Branch-created Data Protection Review Court would be inadequate to constitute proper judicial redress. The author Joel Schwarz suggests Congress has the power to create inferior Courts and that it could use those powers to create a Data Protection Review Court. Precedent for creating specialised US federal courts exists under Article 3, Section 1 of the Constitution, for example, the US Court of International Trade and the Foreign Intelligence Surveillance Court (FISC).

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