Much will hinge on whether this body will be properly judged ‘court enough’ - under EU law - and therefore competent to uphold and defend EU citizens’ rights or not. The second layer entails the EO authorizing and directing the Attorney General to establish a Data Protection Review Court (DPRC) to “provide independent and binding review of the CLPO’s decisions, upon an application from the individual or an element of the Intelligence Community”. builds up the existing statutory CLPO functions by establishing that the CLPO’s decision will be binding on the Intelligence Community, subject to the second layer of review, and provides protections to ensure the independence of the CLPO’s investigations and determinations,” the White House writes. This consists of - in the first layer - a Civil Liberties Protection Officer (CLPO) in the Office of the Director of National Intelligence who will conduct a preliminary investigation “of qualifying complaints received ” to decide whether there has been a violation and, if so, determine appropriate next steps. Elements of the US Intelligence Community will also be required to update their policies and procedures to reflect the “new privacy and civil liberties safeguards contained in the E.O.”, per the press release.Īnother change is the creation of “a multi-layer” redress mechanism for EU individuals in the EU to obtain “independent and binding review and redress” on claims that their personal data was gathered in violation of applicable U.S. The EO also mandates “handling requirements” for personal data picked up via signals intelligence and beefs up enforcement around non-compliance. “signals intelligence” (aka digital surveillance conducted by spy agencies) by “requiring that such activities be conducted only in pursuit of defined national security objectives” by “tak into consideration the privacy and civil liberties of all persons, regardless of nationality or country of residence and by being “conducted only when necessary to advance a validated intelligence priority and only to the extent and in a manner proportionate to that priority”. The White House press release said president Biden’s executive order beefs up safeguards around U.S. And there still isn’t.Īlthough the EU responded to Biden signing the EO by saying it will now move to draft an adequacy decision and initiate the adoption process. “economic relationship”.īut for the last two years there’s essentially been no risk-free legal route. data transfer deals to authorize their data exports - greasing the pipes of what the White House refers to as a $7.1TR EU-U.S. Thousands of businesses, large and small, had relied upon earlier EU-U.S. So this is yet another (third time lucky?) attempt to bridge the gap between two very different legal frameworks in order to ensure that EU users’ personal data can keep flowing over the pond. government surveillance programs by NSA whistleblower, Edward Snowden). Privacy Shield (which was invalidated by the bloc’s top court back in July 2020) and its much longer-lived predecessor, Safe Harbor (struck down by the CJEU in October 2015, following the 2013 disclosures of U.S. The new framework is intended to replace the defunct EU-U.S. DPF), as the new arrangement is being called. will take to implement its commitments under the EU-U.S. The White House announced the development in a statement today - saying that the “Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities” would “direct the steps” that the U.S. president Joe Biden has signed an executive order attached to reupping a flagship data transfer agreement with the European Union - with the goal of making life easier for businesses that need to export EU user-data to the U.S.
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