Conclusion

In Schrems II, the CJEU made clear that reforms to U.S. surveillance law are critical to ensuring future transatlantic data flows. The decision has provided an opportunity for U.S. policymakers to reexamine U.S. surveillance law and implement meaningful changes that increase privacy protections for non-U.S. persons and Americans alike. The recommendations outlined in this report are designed to accomplish these goals and should be achievable in the near term without congressional action. However, as noted throughout this report, Congress likely must enact legislation to fully resolve the CJEU’s concerns and institute changes that are more robust and permanent. We plan to elaborate on those long-term reforms that require congressional action in a subsequent report.