Schrems Applauds New Data Transfer Challenge

The European Center for Digital Rights (noyb) isn't involved in French lawmaker Philippe Latombe's contest of the EU-U.S. Data Privacy Framework (DPF) but is "happy about any additional challenge," its spokesperson told us (see 2309120030). Noyb is the brainchild of privacy lawyer and activist Max Schrems, who contested the previous trans-Atlantic data transfer regime Privacy Shield (PS), resulting in its being thrown out by the European Court of Justice (ECJ) in 2020 (see Ref:2007160014]). There's a "potential downside" to Latombe's strategy for attacking the DPF, however, noyb's spokesperson emailed: "You have to show that you are 'directly affected' to the Court of First Instance and then you have to appeal the decision further" to the ECJ. French non-governmental organization La Quadrature du Net took that approach to PS, but its challenge was paused because Shrems' case went directly to the EU high court via a reference from a court. "So we plan to take the route via a reference instead," noyb said. "We are obviously happy to support any other efforts too."