US Supreme Court Just Blew Up EU-US Data Transfers

Europe’s data deal with America just got torched — and the comments are in full meltdown

TLDR: A US Supreme Court ruling may have wrecked the legal basis Europe uses to let personal data flow to America. In the comments, some cheered privacy fighter Max Schrems, while others argued Europe risks isolating itself — with plenty of snark over people confusing a nonprofit lawsuit with official EU policy.

The big legal bombshell is simple: the US Supreme Court just ruled in a way that could strip the Federal Trade Commission — the US consumer watchdog — of the independence Europe was counting on to trust American handling of personal data. Privacy campaigner Max Schrems immediately declared the whole EU-US data-sharing setup a “house of cards” and demanded Europe start backing away from US cloud services. And wow, the comment section did not stay calm.

The loudest reaction was pure distrust. One European commenter basically said, “I stopped trusting the US with private data after the Patriot Act”, arguing that if an EU school, hospital, or business uses Microsoft 365, nobody can honestly promise US agencies won’t get a peek. That fear set the tone: lots of people treated this less like a legal technicality and more like the latest episode in a very long reality show called “Can Europe Ever Trust America With Its Data?”

Then came the Max Schrems fan club. One commenter marveled at how many billions in lobbying money he may have effectively blown up by repeatedly wrecking these transatlantic deals in court. But the thread also had pushback: some people warned Europe could box itself out of the tech world if it takes independence rules too seriously, while others snapped back that this is not “the EU banning Instagram,” it’s a nonprofit privacy group picking another fight. Even the mini-drama had mini-drama: one user had to remind everyone, in classic internet-schoolteacher style, that “noyb =/= EU.”

Key Points

  • The article says the US Supreme Court ruled in Trump v. Slaughter that the FTC may not remain independent, affecting a core assumption used in EU-US data transfer arrangements.
  • According to the article, the European Commission relied on the FTC’s independence 259 times in the current EU-US Data Privacy Framework adequacy decision.
  • The article states that EU treaty law requires independent data protection oversight and that third countries receiving EU personal data must provide essentially equivalent protections.
  • It says the CJEU previously invalidated Safe Harbour and Privacy Shield because of US surveillance laws and lack of effective judicial remedies.
  • The article argues that the Data Protection Review Court is not truly independent because it is an executive body created through a presidential executive order.

Hottest takes

"I do not trust entities located in the US to not abuse my private data ever since the patriot act" — atoav
"how many billions in lobbying money Schrems has cost various big companies" — Chu4eeno
"I don’t think noyb = EU" — claw-el
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