ODNI implements new security measures in accordance with Executive Order 14086

July 3, 2023 – The Office of the Director of National Intelligence (ODNI), in collaboration with the components of the Intelligence Community (IC), today published the IC’s policies and procedures for implementing the data protection and civil rights 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 “outlines the steps the United States will take to implement its commitments under the EU-U.S. Data Protection Framework (EU-U.S. DPF).” EO 14086 not only strengthens the existing Data protection and civil liberties in the context of intelligence activities, but also significantly expands upon them. It stipulates that intelligence activities “the Privacy ”and take into account the civil rights of all individuals, regardless of their nationality or country of residence“ and ”be carried out only when necessary to advance a validated intelligence priority, and only to the extent and in a manner commensurate with that priority.”.

Today’s ODNI release marks an important milestone in the implementation of these requirements and obligations. They are the result of consultations with the General Counsel, the ODNI Civil Liberties Protection Officer (CLPO), and the Privacy and Civil Liberties Board. Each set of procedures is tailored to the specific authorities, duties, and responsibilities of the respective IC components.

**The Significance for Businesses and the Role of the Appropriateness decision**

This progress is particularly relevant for companies that personal data between the EU and the U.S. The strengthened data protection regulations and civil rights, particularly in the context of intelligence activities, underscore the U.S.'s commitment to the protection of personal data and could increase confidence in cross-border data transfers.

The U.S. Department of Justice and the ODNI have announced that they have fulfilled the obligations under President Biden’s executive order regarding the EU-U.S. Privacy Shield 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 Data Protection Review Tribunal while also receiving enhanced U.S. data protection rights. These designations will take effect as soon as the European Commission issues its Appropriateness decision with the USA.

In light of these developments, companies should carefully review the new regulations and prepare to make any necessary 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.