Biden signs executive order to protect personal data transfers between US and EU

Months after reaching an agreement, the White House took formal steps to protect data transfers between the United States and the European Union. President Biden has signed an executive order directing the government's efforts to implement the EU-US data privacy framework. The approach primarily requires intelligence agencies to “consider” privacy and civil liberties before seeking data, and only conduct surveillance when there is a clearly defined need to address national security concerns. .

Intelligence collectors will also need to update their policies on things like data management, with revisions to keep them in line. There will also be a "tiered" review process for privacy breach complaints from EU residents. The Office of the Director of National Intelligence (DNI) will investigate possible breaches of the law through its Civil Liberties Officer, while the Attorney General will use a new Data Protection Review Tribunal to review findings these investigations and render binding decisions.

The Data Privacy Framework is a response to the Court of Justice of the EU's annulment of the privacy protection agreement in 2020. The court found that the pact left too much latitude to the States United to monitor EU data and did not comply with privacy requirements. effectively equal to European law. The United States balked at the rejection, arguing it cast doubt on companies' ability to legally transfer data.

The European Commission will still need to review the framework to determine whether it provides sufficient protection. Between that and law enforcement-focused deals with countries like Australia and the UK, however, the US is fast firming up its approach to international data sharing, despite fears spies still have too much power.

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