noyb Plans Challenge to EU–US Data Privacy Framework Over Surveillance Safeguards

Privacy advocacy group noyb and its honorary chairman Max Schrems announced plans to challenge the EU–US Data Privacy Framework, arguing that it fails to remedy surveillance and redress deficiencies behind two previous court defeats. The European Commission and United States announced the framework in principle in March 2022 to support transfers to participating US companies. Its safeguards include limits on US intelligence access, oversight procedures and a two-tier complaints mechanism incorporating a Data Protection Review Court, alongside company self-certification through the US Department of Commerce.

noyb argues that Executive Order 14086 does not sufficiently change surveillance powers under FISA Section 702 and Executive Order 12333, protect non-US persons or provide effective judicial redress. It also contends that the framework’s commercial privacy principles fall short of GDPR requirements. The group warned that an inadequate Commission adequacy decision could face a challenge before the Court of Justice of the European Union and a request for suspension, following the invalidation of Safe Harbor in 2015 and Privacy Shield in 2020. The announced challenge highlights legal-continuity risk for organizations relying on transatlantic data transfers; the supplied statements establish litigation intentions, not a subsequent court ruling.