USA: CRS releases report on Schrems II impact on EU-U.S. Privacy ShieldUS Congressional Research Service, March 2021
In addition, the report discusses considerations for the U.S. Congress, including:
- that executive action could address some intelligence collection concerns raised in Schrems II, for example by limiting bulk intelligence collections and providing additional redress mechanisms through an Executive Order;
- negotiating a diplomatic solution between the US and EU, which could include a new framework to replace Privacy Shield, or enter into a treaty governing data transfers; or
- adopting statutory requirements addressing the CJEU's concerns, such as by amending the Foreign Intelligence Surveillance Act or creating a cause of action that would allow foreign subjects to bring complaints before a tribunal.