In a letter obtained by Brussels Signal, French MP Philippe Latombe urged European Commission President Ursula von der Leyen to suspend the US-EU Data Privacy Framework (DPF) before Donald Trump assumes the presidency on January 20.
Latombe, a member of the Democratic Movement party, argued the framework no longer aligns with EU interests due to Trump’s expected protectionist stance.
Latombe warned, “As the new American President, driven by a desire to protect the economic interests and security of his own country, will, by temperament, be inclined to exploit to his advantage any weaknesses in the various agreements that may have been signed with the European Union.” Highlighting what he described as Trump’s “impulsive personality,” Latombe insisted that suspending the DPF is essential while awaiting revisions that better safeguard European data.
The DPF, designed to streamline data transfers like names and browsing history from the EU to the US, has faced criticism before. In 2020, the European Court of Justice annulled its predecessor, the Privacy Shield, citing concerns over US intelligence agencies spying on EU citizens. Latombe’s unease centers on the Foreign Intelligence Surveillance Act (FISA), particularly Section 702, which grants US intelligence access to foreign data. He believes the law enables unchecked surveillance and undermines privacy protections.
Latombe’s April 2024 letter to von der Leyen previously raised alarms over FISA’s reauthorization, which broadened the scope of companies compelled to cooperate with US intelligence. This concern echoes earlier criticisms, including a January inquiry by MEP Mathilde Androuët about whether FISA reforms invalidate the Commission’s justification for the DPF.
While European Commission Vice-President Věra Jourová assured that safeguards like oversight by the US Privacy and Civil Liberties Oversight Board (PCLOB) exist, Latombe contended these measures fall short. For him, the issue isn’t just privacy—it’s about trust, protecting freedoms, and ensuring fair economic competition.
Latombe cited recent examples of violations, such as Uber’s breach of GDPR regulations by improperly storing European drivers’ data on US servers. He emphasized that data protection is a critical issue for the EU’s internal security and economic integrity, urging von der Leyen to act swiftly to defend Europe’s interests.