Suspension of US Privacy and Civil Liberties Oversight Board investigations and its impact on EU-US data transfers
5.3.2025
Priority question for written answer P-000941/2025
to the Commission
Rule 144
Malika Sorel (PfE), Pierre Pimpie (PfE), Roman Haider (PfE), André Rougé (PfE)
On 29 January 2025, Bloomberg reported that US President Donald Trump had fired the chairperson and two members of the Privacy and Civil Liberties Oversight Board (PCLOB)[1]. The PCLOB is responsible for ensuring that US intelligence agencies observe fundamental rights. In the absence of replacement members, the PCLOB can no longer launch new investigations, which creates a worrying legal vacuum, as has been pointed out by the Norwegian data protection authority[2].
The EU-US Privacy Shield, adopted by the PCLOB on 2 February 2016, relies in part on the existence of the board to meet the requirements set out by the Court of Justice of the European Union in its judgment of 6 October 2015.
In view of the above:
- 1.Should this situation persist, does the Commission intend to reassess the appropriateness of transferring the personal data of European citizens to the United States?
- 2.Does the absence of the PCLOB call into question the legality of data transfers to US data centres located on European soil?
- 3.What measures does the Commission plan to take to support European businesses in the event that the agreement falls apart?
Supporter[3]
Submitted: 5.3.2025
- [1] https://news.bloomberglaw.com/privacy-and-data-security/trump-terminates-trio-of-democrats-from-privacy-oversight-board
- [2] https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2025/informasjon-om-overforinger-til-usa/
- [3] This question is supported by a Member other than the authors: Julie Rechagneux (PfE)