Redress in the Data Protection Review Court

Section 3 of the Executive Order of October 7, 2022, “Enhancing Safeguards for United States Signals Intelligence Activities,” authorizes and directs the Attorney General to issue regulations to establish a Data Protection Review Court (“DPRC”) as the second level of a two-level redress mechanism.  On October 7, 2022, Attorney General Merrick Garland signed a new regulation establishing the DPRC.  The DPRC will independently review determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence (“ODNI CLPO”) in response to qualifying complaints sent by individuals through appropriate public authorities that allege certain violations of United States law in the conduct of United States signals intelligence activities.

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
   
  • Federal Register Notice for 87 FR 198, October 14, 2022
     
• 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

The Department of Justice Office of Privacy and Civil Liberties (OPCL) will provide administrative support to the DPRC.

On May 23, 2023, OPCL published in the Federal Register a System of Records Notice (CPCLO Order No. 001-2023 – OPCL System of Records Notice).  This provided notice of OPCL’s proposed establishment of a system of records to maintain records of matters reviewed by and decisions made by the DPRC concerning determinations made by the ODNI CLPO in response to complaints that allege certain violations of United States law in the conduct of United States signals intelligence activities.

88 CFR 33165  |  Printable PDF Version, May 23, 2023

Also on May 23, 2023, OPCL published in the Federal Register a Notice of Proposed Rulemaking (NPRM) (CPCLO Order No. 002-2023).  The NPRM provided notice of OPCL’s proposed rulemaking, proposing to exempt this system of records from certain provisions of the Privacy Act to protect national security and law enforcement sensitive information, preserve judicial independence, and ensure the integrity of adjudicatory records in cases before the DPRC.

88 CFR 33013  | Printable PDF Version, May 23, 2023

EU-U.S. Data Privacy Framework: Overview of the Redress Mechanism

The Principal Deputy Chief of the ODNI Office of Civil Liberties, Privacy, and Transparency and the Acting Director of OPCL held a webinar on 27 March 2023 concerning the new redress mechanism, hosted by the International Association of Privacy Professionals (IAPP). IAPP has released a recording of the program, available at https://iapp.org/resources/article/web-conference-eu-u-s-data-privacy-framework-new-independent-binding-redress-mechanism/. 

For any questions, please contact OPCL at privacy@usdoj.gov.