In a recent development concerning the world of data protection, a noteworthy case was presented before the European Tribunal. The case, T-553/23 R, was filed by Philippe Latombe, a resident of France against the European Commission. At the crux of the matter was the Commission Implementing Decision (EU) 2023/1795 of 10 July 2023. This decision established the adequacy of the level of protection of personal data ensured by the EU-US data protection framework. Mr. Latombe sought the suspension of this decision’s execution, arguing that it could cause him serious and irreparable harm.
The Commission defended its decision stating that various tools already exist for transferring personal data to organizations in the US while ensuring adequate data protection. In response, Latombe argued that, contrary to the decision’s claim, the US does not ensure an adequate level of personal data protection. He also expressed concern about his rights being violated as he felt the decision wasn’t in line with the General Data Protection Regulation (GDPR) nor with the Charter of Fundamental Rights of the European Union.
However, the President of the Tribunal found that Latombe failed to sufficiently prove how the decision would personally cause him serious harm. The court noted that while he described the negative aspects of the decision in general terms, he didn’t provide specific reasons on how this would affect his personal situation. Furthermore, it was noted that Latombe still has the right to lodge a complaint with a supervisory authority if he feels his personal data is being handled contrary to GDPR regulations.
In conclusion, due to insufficient proof of urgency or potential for serious and irreparable harm, the President of the Tribunal rejected Mr. Latombe’s request to suspend the execution of the decision. This judgment emphasizes that while challenging a legal act, demonstrating personal harm and urgency is crucial.
Source: CURIA – Documents