EU-US Data Privacy Framework Under The Spotlight Following FTC Independence Ruling

The European Data Protection Board (EDPB) has called on the European Commission to assess the implications of the recent US Supreme Court decision in Trump v. Slaughter for the EU-US Data Privacy Framework (DPF), the mechanism that facilitates transfers of personal data between the EU and participating US organisations.

The EDPB’s request follows the Supreme Court’s decision, handed down at the end of June, which held that the US President may dismiss Federal Trade Commission (FTC) commissioners without cause. The ruling has raised questions about the independence of the FTC.

These concerns stem from the fact that the European Commission’s 2023 adequacy decision, which found that the United States ensures an adequate level of protection for personal data, relies in part on the FTC operating as an independent supervisory authority. The adequacy decision specifically notes that FTC commissioners may be removed by the President only for inefficiency, neglect of duty, or malfeasance.