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ARTICLE · 13 OCTOBER 2022

President Biden Signs Executive Order On U.S. Intelligence Activities To Implement EU-U.S. Data Privacy Framework

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On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities, which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022.

GlobalPrivacy
Rajesh De
Rajesh De
Marcus Christian
Marcus Christian
Veronica R. Glick
Veronica R. Glick
Arsen Kourinian
Arsen Kourinian
Stephen Lilley
Stephen Lilley
Dominique Shelton Leipzig
Dominique Shelton Leipzig
David Simon
David Simon
Howard W. Waltzman
Howard W. Waltzman
Oliver Yaros
Oliver Yaros
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On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic data flows following the 2020 Schrems II decision in which the Court of Justice of the European Union (CJEU) struck down the European Commission's adequacy decision underlying the EU-U.S. Privacy Shield framework self-certification scheme. The executive order creates additional privacy and civil liberties safeguards for U.S. signals intelligence collection activities, as well as a new "Signals Intelligence Redress Mechanism," which includes a new "Data Protection Review Court." The European Commission is next expected to prepare a draft adequacy decision to adopt the DPF as a valid transfer

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