President Biden Signs Executive Order to Implement the European Union-U.S. Data Privacy Framework

President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (E.O.) directing the steps that the United States will take to implement the US commitments under the European Union-U.S. Data Privacy Framework (EU-US DPF) introduced by President Biden and European Commission President von der Leyen in March of 2022. Transatlantic data flows are critical to enabling the $7.1 trillion EU-US economic relationship. The Executive Order bolsters an already rigorous array of privacy and civil liberties safeguards for U.S. signals intelligence activities. It also creates an independent and binding mechanism enabling individuals in qualifying states and regional economic integration organizations, as designated under the E.O., to seek redress if they believe their personal data was collected through U.S. signals intelligence in a manner that violated applicable U.S. law. Overall, the Executive Order does the following:

• Adds further safeguards for U.S. signals intelligence activities;
• Mandates handling requirements for personal information collected through signals intelligence activities and extends responsibilities by government officials;
• Requires U.S. Intelligence Community elements to update their policies and procedures;
• Creates a multi-layer mechanism for individuals from qualifying states and regional economic integration organizations;
• Calls on the Privacy and Civil Liberties Oversight Board to review Intelligence Community policies and procedures.