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An Overview of the New Executive Order and What it Means for the New EU-U.S. Trans-Atlantic Data Privacy Framework

In this guide, you will:

  • Gain an understanding of the EU-US Trans-Atlantic Data Privacy Framework given life by President Biden's Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities, signed on October 7, 2022.
  • The EO imposes due process safeguards on the data collection activities of U.S. surveillance agencies regardless of their targets rather than establishing differing protections for U.S. individuals and non-U.S. persons.
  • The two categories of safeguards created by the EO are the Principles-based Safeguards and the Redress Mechanism.
  • The EO also includes a list of prohibited uses for signals intelligence collecting activities.

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What’s the Need for a New EU-U.S. Executive Order

The United States gathers signals intelligence so that its national security decision-makers can access the timely, precise, and insightful information required to advance the nation's security objectives and defend its citizens, allies, and partners.

The Executive Order establishes safeguards for such signals intelligence activities, acknowledging that all individuals should be treated with respect and dignity, regardless of their country or place of residence, and that all individuals have legitimate privacy interests in managing their personal information.

The EO achieves this by improving the US intelligence community's overseas surveillance methods and the legal protections offered to foreigners against such surveillance.

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Frequently Asked Questions

Signals Intelligence, commonly called SIGINT, involves collecting foreign intelligence from communications and information systems and providing it to customers across the U.S. government, such as senior civilian and military officials.

The National Security Agency (NSA) is the U.S. Government's cryptology leader, including Signals Intelligence SIGINT. It also facilitates Computer Network Operations, giving the country and its allies a decision-making advantage in any situation.

Despite not engaging in SIGINT operations, the FBI has applied PPD-28's applicable requirements to data it gathers in compliance with Section 702 of the Foreign Intelligence Surveillance Act.

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