Data activist Schrems to sue EU-U.S. data agreement again

Austrian data protection activist Max Schrems intends to file another lawsuit challenging the EU-U.S. Data Privacy Framework, citing a recent U.S. Supreme Court decision that he claims compromises the independence of the Federal Trade Commission (FTC). Schrems, founder of the European digital rights organization Noyb, stated that the planned legal action aims to have the European Court of Justice invalidate the current agreement.

Schrems's argument hinges on the U.S. Supreme Court's ruling in late June, which he believes damages the FTC's autonomy. "EU law requires independent oversight, and the Supreme Court has forbidden independent authorities," Schrems told the German newspaper "Handelsblatt." He emphasized that the EU has previously justified the data transfer agreement by pointing to the FTC's independence, a condition he now argues is no longer met.

The U.S. Supreme Court's decision involved President Donald Trump's authority to dismiss a high-ranking FTC official, Rebecca Slaughter. The court affirmed the president's power to remove executive officials, a move Schrems views as contradicting the EU's requirement for independent regulatory bodies. He urged the European Commission to initiate an "orderly withdrawal" from the agreement, suggesting that data processing could be shifted to European providers.

This legal challenge is part of Schrems's long-standing fight against EU-U.S. data transfer agreements. He previously succeeded in having the "Safe Harbor" agreement invalidated in 2015 and the subsequent "Privacy Shield" in 2020, both due to concerns about extensive access by U.S. intelligence agencies to data from European citizens. The current "EU US Data Privacy Framework," established in 2022, is now facing renewed scrutiny.