U.S. Department
of Justice
Executive Order 14086
Links are set out below to the Executive Order of October 7, 2022, the Department of Justice rule establishing the DPRC, and ODNI CLPO's Signals Intelligence Redress Mechanism website. Additional information about the DPRC will be posted soon, including the process for individuals to submit applications for independent review by the DPRC of determinations made by the ODNI CLPO.
- Attorney General Regulation - 28 CFR Part 201 - Data Protection Review Court
- Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities, October 7, 2022
- FACT SHEET: President Biden Signs Executive Order to Implement the European Union-U.S. Data Privacy Framework
- ODNI - Signals Intelligence Redress Mechanism
Attorney General designations of “qualifying states” under section 3(f) of EO 14086
The European Union and European Economic Area
The Department of Justice welcomes the European Commission’s adoption on July 10, 2023 of an adequacy decision for the United States as part of the EU-U.S. Data Privacy Framework, to which President Biden and European Commission President von der Leyen agreed in March of 2022. The adequacy decision provides a basis in the law of the European Union (EU) for transfers of personal data from EU countries to the United States for commercial purposes, in reliance on the framework. This flow of data underpins the $7 trillion-dollar U.S.-EU economic relationship and provides vital benefits to citizens and businesses on both sides of the Atlantic, enabling businesses of all sizes to compete in each other’s markets.
The Commission’s adoption of the adequacy decision also brings into effect the Attorney General’s designation of the EU and the three additional countries making up the European Economic Area (EEA) as “qualifying states” for purposes of implementing the redress mechanism established in Executive Order 14086. A country or a regional economic integration organization may be designated a “qualifying state” by the Attorney General if he determines, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of National Intelligence, that it meets the requirements set forth in the executive order. That determination was made on June 30, 2023 for the EU/EEA, contingent upon the Commission’s adoption of an adequacy decision. As a result of the designation and the adoption of the adequacy decision, EU/EEA individuals may now submit complaints to obtain redress for alleged violations of law in connection with U.S. signals intelligence activities affecting their personal data transferred to the United States. The Attorney General’s designation and the supporting memorandum for the designation are available below.
- Attorney General Designation Pursuant to Section 3(f) of Executive Order 14086 of the EU/EEA
- Supporting Memorandum for the Attorney General’s designation of the EU/EEA
The United Kingdom
On September 18, 2023, the Attorney General designated the United Kingdom (UK) as a “qualifying state” for purposes of implementing the redress mechanism established in Executive Order 14086. This designation will become effective as of the date of the entry into force of UK regulations implementing the data bridge for the UK Extension to the EU-U.S. Data Privacy Framework.