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European Union: Looking To A New EU-US Data Privacy Framework


European Union: Looking To A New EU-US Data Privacy Framework
European Union: Looking To A New EU-US Data Privacy Framework

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.

Limitations

  • 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

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