European Union: Issued Opinion on the Draft Implementing Decision by the European Commission on adequate protection of personal data under the EU-US Data Privacy Framework (DPF)

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Description

Issued Opinion on the Draft Implementing Decision by the European Commission on adequate protection of personal data under the EU-US Data Privacy Framework (DPF)

On 28 February 2023, the European Data Protection Board (EDPB) adopted the opinion 5/2023 on the European Commission Draft Implementing Decision on the adequate protection of personal data under the EU-US Data Privacy Framework (DPF). The EDPB assessed and issued recommendations to the Commission on the level of protection for individuals whose personal data is transferred to the US. The opinion covers a range of data protection aspects, including concerns about access and use of personal data by US public authorities, particularly intelligence agencies. The EDPB highlighted specific concerns related to the rights of data subjects, such as exceptions to the right of access, timing and modalities of the right to object, the lack of key definitions, the ambiguous application of DPF Principles to processors, and the broad exemption for publicly available information. Additionally, the EDPB emphasised that the level of protection for individuals whose data is transferred must not be weakened by onward transfers. Finally, the EDPB stressed the need for specific automated decision-making and profiling regulations to ensure sufficient safeguards for individuals, including the right to challenge decisions and receive human intervention.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

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2022-12-13
under deliberation

On 13 December 2022, the European Commission announced that it had initiated the adoption process o…

2023-02-14
under deliberation

On 14 February 2023, the European Parliament’s Committee on Civil Liberties, Justice and Home Affai…

2023-02-28
under deliberation

On 28 February 2023, the European Data Protection Board (EDPB) adopted the opinion 5/2023 on the Eu…

2023-04-13
under deliberation

On 13 April 2023, the Committee on Civil Liberties of the European Parliament adopted a resolution …

2023-05-11
under deliberation

On 11 May 2023, the European Parliament (EP) adopted the Resolution on the Draft Implementing Decis…

2023-07-03
adopted

On 3 July 2023, the US Secretary of Commerce announced that the United States had complied with its…

2023-07-10
in force

On 10 July 2023, the European Commission adopted the adequacy decision for the EU-US Data Privacy F…