On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) adopted its opinion on the adequacy decision for the EU-US Data Privacy Framework and submitted it to a plenary vote. The Committee urges the European Commission not to adopt an adequacy decision based on Executive Order 14086 on Enhancing Safeguards for United States Signals Intelligence Activities, arguing that it does not provide sufficient guarantees compared to the European data protection standards. Furthermore, LIBE noted that principles such as proportionality and necessity are likely to be interpreted less strictly in the US, which still does not have a federal data protection law. In addition, potential issues arise given the executive nature of the Order, which the US President remains free to amend, including by expanding the list of legitimate national security objectives and of the Data Protection Review Court (DPRC), which does not fall under the US judiciary. The European Parliament's opinion is not binding, and the European Commission is not legally required to amend the adequacy decision based on the recommendations and amendments outlined by the Parliament.
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