EU LIBE Committee's draft motion to reject the EU-US DPF Adequacy Decision

Well, with previous regulators and commentators coming down on either side, and on the fence, over the DPF, no-one said the passage of the EC’s draft adequacy decision would be easy.

On 14 February 2023, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) published a draft motion for an EP resolution available [instant PDF download] here.

It’s only 6 pages so it’s a quick read but as a Valentines it’s very much ‘it’s not me it’s U[SA]’.

As most have noted, it’s not positive but it’s not binding and some of the points are debateable. Now for the EDPB opinion and to see how the EC reacts to each.

Who is the LIBE?

The Committee on Civil Liberties, Justice and Home Affairs (LIBE) is a 69-Member Committee ‘responsible for the majority of legislation and oversight of policies that enable the EU to offer its citizens an area of freedom, security and justice. While doing so, [LIBE ensures] the full respect of and compliance with the EU Charter of Fundamental Rights, in conjunction with the European Convention on Human Rights.’

Why did they issue this document?

As the European Commission notes in its FAQs, once the EC has issued draft adequacy decisions, the key steps are for the EDPB to issue an opinion, and for the Parliament to give its view, starting with a review by the LIBE Committee:

What’s the rest of the process?

The IAPP have a great infographic on the process but essentially it’s as the EC set out above: the EDPB Opinion and European Parliament resolution (both of which aren’t binding on the EC) that are the next major milestones, hence why this draft motion is important.

If the decision does go through, we’re still looking at the decision being adopted by the EC around June July 2023.

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