United States of America: Adopted Executive Order On Enhancing Safeguards For United States Signals Intelligence Activities including cross-border data transfer regulation

On 7 October 2022, US President Joe Biden adopted the Executive Order On Enhancing Safeguards for United States Signals Intelligence Activities, including regulation of cross-border data transfers. The Executive Order is intended to implement US commitments under the US-EU Trans-Atlantic Data Privacy Framework to improve privacy and civil liberties protections in relation to signals intelligence activities. Based on the data protection regulations it establishes for US signals intelligence activities, the Executive Order introduces a Signals Intelligence Redress Mechanism to review and remedy complaints entered by authorities in "qualifying states" regarding violations of US data protection laws as a result of signals intelligence activities. Under this redress mechanism, complaints would be initially reviewed by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence, and, at the next level, by a newly established Data Protection Review Court. The Attorney General designates a country as a "qualified state" if the country requires safeguards on signal intelligence activities on US personal information transferred to it, the country is prepared to allow the transfer of personal information for commercial purposes, and such a designation would be within the US's national interest.