Exam CIPP-E topic 1 question 257 discussion

The level of adequacy provided by the Privacy Shield continued to be questioned by a number of privacy activists – including Max Schrems – and, as a result, the Privacy Shield was challenged in the CJEU. Ongoing concerns about government surveillance were cited as the main reasons for its shortcomings. As a result, on 16 July 2020, the CJEU issued its judgement in the ‘Schrems II’ case invalidating the Privacy Shield adequacy decision. The CJEU determined domestic US laws regulating access and use by US authorities of personal data transferred from the European Union into the United States were not circumscribed in a way to provide protections essentially equivalent to those required under EU law. The CJEU also confirmed the ombudsperson mechanism did not offer the required guarantees and proceeded to annul the Privacy Shield with immediate effect.

Definitely D

B is the right answer , wrongly chose D

The Court of Justice of the European Union (CJEU) invalidated the Privacy Shield framework in the Schrems II decision, primarily due to concerns over U.S. surveillance practices and the lack of adequate legal remedies for EU citizens whose data might be accessed by U.S. authorities. One key failing cited was the lack of an effective right of action for EU data subjects to challenge misuse of their data by U.S. authorities.