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French lawmaker challenges transatlantic data deal in EU court – POLITICO


PARIS — It’s Groundhog Day for transatlantic data flows.

French MP Philippe Latombe announced today that he is challenging in the General Court of the European Union a new transatlantic agreement allowing companies to freely transfer data between the EU and the United States – potentially opening the door to years of legal wrangling.

The move comes less than two months after the European Commission and the US government reportedly ended years of legal limbo for businesses.

In July, Brussels and Washington approved a deal, known as the EU-US Data Privacy Framework, after the EU’s top court in 2020 invalidated its predecessor, known as Privacy Shield. The EU Court of Justice canceled the project, fearing that US intelligence agencies could easily spy on EU citizens.

“The text resulting from these negotiations violates the Charter of Fundamental Rights of the Union, due to insufficient guarantees of respect for private and family life with regard to the massive collection of personal data, and the General Data Protection Regulation (GDPR),” said Latombe, MP. du Modem, an ally of President Emmanuel Macron, wrote in its press release.

Latombe filed two appeals, he told POLITICO: one to immediately suspend the agreement and the other on the content of the text.

In addition to concerns about US mass surveillance, the data privacy framework was notified to EU countries only in English and was not published in the Official Journal of the EU, which may not comply with the rules of procedure, argued Latombe. He informed the French government and the CNIL of his challenge.