The Swedish authority for privacy protection (IMY) comments on a U.S. Supreme Court decision that may affect the validity of the adequacy decision for data transfers to that country.

The U.S. Supreme Court ruled in the case "Trump v. Slaughter" that a president has the right to remove a member of the Federal Trade Commission (FTC) without cause. This decision calls into question the independence of oversight bodies such as the FTC and the Privacy and Civil Liberties Oversight Board (PCLOB), which was a basis for the 2023 adequacy decision based on the EU-U.S. Data Privacy Framework (DPF). The European Data Protection Board (EDPB), with the participation of IMY, will analyze the consequences of this ruling on the future validity of the adequacy decision, which can be revoked by the European Commission or invalidated by the Court of Justice of the European Union.

The Director General of IMY indicated that while the adequacy decision remains in effect for now, organizations should stay informed and prepare for its possible repeal. He emphasized the need to anticipate scenarios such as repatriation of data with providers.