The Shaky Ground Underneath Cross-Border Data Transfers
In trying to understand the nuanced world of data privacy, I’ve been watching a critical transformation unfold in international data policy. The once-stable(ish) EU-US Data Privacy Framework is showing signs of strain as the U.S. executive branch flexes more power. The Perfect Storm of Uncertainty A few recent developments are challenging the delicate balance of cross-border data transfers: Executive Power and Regulatory Flexibility The US is signaling an expanded interpretation of executive authority over data policy. A recent declaration in the Federal Register by Secretary of State Marco Rubio suggests that “all efforts to control the transfer of data across US borders” could be considered a foreign affairs function. Translation? The executive branch might modify data transfer rules with minimal public input. ...