In a significant move, U.S. President Joe Biden signed an executive order aiming to regulate how American national security agencies access personal information. This order is part of a transatlantic data sharing agreement with the European Union.
This development follows extensive negotiations between the U.S. and the EU, prompted by a 2020 ruling from the EU’s highest court. The court had found that the U.S. did not adequately protect European data transferred across the Atlantic, citing concerns about U.S. surveillance programs and the lack of mechanisms for Europeans to contest the collection of their data by the U.S. government.
Key provisions of the executive order include the establishment of a new body within the U.S. Department of Justice, designated to monitor the access and usage of information by American national security agencies. The order also enhances the powers of civil liberties protection officials within the U.S. Office of the Director of National Intelligence, authorizing them to investigate potential infringements of privacy rights.
A significant aspect of this decree is the formation of the Data Protection Review Court within the Department of Justice. This court will enable individuals to challenge how their data is utilized by U.S. agencies through a “special advocate.” These challenges could significantly impact the operations of agencies like the National Security Agency. The decisions of this court are intended to be independent and binding, as explained by Secretary of Commerce Gina Raimondo.
Under Biden’s executive order, U.S. intelligence agencies will be restricted to collecting data solely for defined national security purposes and in a necessary and proportionate manner. These agencies are required to revise their policies to comply with the new guidelines.
This executive order is a pivotal step towards establishing a new transatlantic data sharing agreement, critical for numerous companies to transfer data between the two major economic regions. The decree will now be reviewed by the European Commission, alongside input from the EU’s privacy agencies, politicians, and member states, to be incorporated into EU regulations.
The process to finalize this agreement is expected to take about six months, with a potential completion by March 2023. Senior Biden administration officials have expressed confidence that the new framework will not only address the European Commission’s concerns but will also withstand legal challenges in Europe.
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