The presidential order (the "Order") signed by President Biden on October 7, 2022, marks a significant step forward for the transatlantic data transmission pact.
The Order governs how the US government will handle EU personal data and remedy requests. It is a much-needed agreement that will aid in data exchange across the Atlantic.
New Oversights and Limitations
The order creates an oversight court inside the Department of Justice called the Data Protection Review Court (the "Review Court").
The Review Court will supervise how US intelligence services acquire and use information from EU and US citizens.
The Data Production Review Court
The U.S. will establish a complaint process so that EU citizens may complain against their own national intelligence organizations.
The Complaints Complaint Process Office (CLPO) is required to look into the complaint and may potentially impose remedy orders.
Then the Review Court would render a separate and conclusive judgment, potentially hindering operations.
The Order limits the collection of personal information by U.S. intelligence agencies to signals intelligence for "necessary and appropriate" national security objectives.
To comply with the order, the intelligence agencies have one year to alter their rules and procedures.
In accordance with the Order, non-U.S. residents will be given access to several safeguards that are now available to Americans.
The order also limits the lawful goals that the government may pursue using signals intelligence and identifies the precautions that U.S. intelligence organizations must apply.
European Union: Looking To A New EU-US Data Privacy Framework