ODNI implements new security measures in accordance with Executive Order 14086

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The adequacy decision and its significance for organizations: ODNI implements new security measures under Executive Order 14086

July 3, 2023 - The Office of the Director of National Intelligence (ODNI), in cooperation with elements of the Intelligence Community (IC), today released the IC's policies and procedures for implementing the privacy and civil liberties safeguards set forth in Executive Order 14086, "Enhancing Safeguards for U.S. Intelligence Activities."

When President Joe Biden signed Executive Order (EO) 14086, the White House emphasized that the EO "directs the steps the United States will take to implement U.S. commitments under the European Union-U.S. Privacy Framework (EU-US DPF)." EO 14086 not only strengthens existing privacy and civil liberties protections in the context of intelligence activities, but also significantly expands them. It specifies that intelligence activities "shall respect the privacy and civil liberties of all individuals, regardless of their nationality or country of residence" and "shall be conducted only when necessary to advance a validated intelligence priority and only to the extent and in a manner proportionate to that priority".

Today's publication by the ODNI is an important milestone in the implementation of these requirements and obligations. They are the result of consultations with the Attorney General, the ODNI's Civil Liberties Protection Officer (CLPO), and the Privacy and Civil Liberties Committee. Each set of procedures is tailored to the specific powers, duties and responsibilities of the respective IC elements.

**The importance for companies and the role of the adequacy decision**

This progress is particularly relevant for companies that transfer personal data between the EU and the US. The enhanced data protection rules and civil liberties, particularly in the context of intelligence activities, underscore the US commitment to the protection of personal data and could increase confidence in cross-border data transfers.

The US Department of Justice and the ODNI have announced the fulfillment of commitments under President Biden's EO regarding the EU-US Privacy Framework. According to Commerce Secretary Gina Raimondo, the DOJ has designated EU member states, as well as Iceland, Liechtenstein and Norway, as "qualified countries" whose citizens will be able to seek redress through the proposed Privacy Review Tribunal while receiving enhanced U.S. privacy rights. These classifications will come into force once the European Commission has finalized its adequacy decision with the US.

In light of these developments, companies should carefully review the new regulations and prepare for any adjustments to their data protection practices. This step represents another milestone in the efforts to harmonize data protection standards and ensure the free flow of data across the Atlantic.

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