July 3, 2023 - The Office of the Director of National Intelligence (ODNI), in coordination with elements of the Intelligence Community (IC), today releases the IC elements’ policies and procedures to implement the privacy and civil liberties safeguards specified in Executive Order 14086 “Enhancing Safeguards for United States Signals Intelligence Activities” (October 7, 2022).
When the President signed Executive Order (EO) 14086, the White House released a statement that the EO “direct[s] the steps that the United States will take to implement the U.S. commitments under the European Union-U.S. Data Privacy Framework (EU-U.S. DPF).” The statement continued that the EO “bolsters an already rigorous array of privacy and civil liberties safeguards for U.S. signals intelligence activities.” EO 14086 added further safeguards for U.S. signals intelligence activities, including that such activities: “take into consideration the privacy and civil liberties of all persons, regardless of nationality or country of residence” and “be conducted only when necessary to advance a validated intelligence priority and only to the extent and in a manner proportionate to that priority.” The Order mandates handling requirements and extends compliance and oversight responsibilities.
The IC elements’ procedures released today further implement the EO’s requirements, and thereby the United States’ commitments under the EU-U.S. DPF. As required by the EO, each IC element developed its procedures in consultation with the Attorney General, the ODNI Civil Liberties Protection Officer (CLPO), and the Privacy and Civil Liberties Board. In implementing the EO’s safeguards, each set of procedures is tailored to the authorities, missions, and responsibilities of the IC elements.
IC Elements’ EO 14086 Procedures