Executive Order (EO) 14086 establishes an innovative two-tier redress mechanism for individuals with “qualifying complaints” about U.S. signal intelligence activities. One aspect of this mechanism has generated controversy: notification. EO 14086 requires that notification be provided “without confirming or denying that the complainant was subject to United States signals intelligence activities” (section 3(c)(i)(E)). In addition, … Continue reading Without Confirming or Denying
A System of Many Layers with Many Players
The European Data Protection Board is working on its advisory opinion regarding the European Commission’s draft adequacy decision on the EU-U.S. Data Privacy Framework. We at Privacy Across Borders are working on our own analyses of how well the executive order at the core of that framework—Executive Order 14086—hits the targets of necessity, proportionality, and … Continue reading A System of Many Layers with Many Players
Breaking New Ground
Like much of the privacy community, we at Privacy Across Borders are closely studying the executive order to see whether it will hit the redress and necessity and proportionality targets laid out in the Schrems II ruling. We will soon post our initial impressions on the specific parts of the order that are aimed at … Continue reading Breaking New Ground
Privacy Across Borders: Where We Are and What Lies Ahead
Now that a new Trans-Atlantic Data Privacy Framework has been announced, it’s a good time to orient ourselves. This is a critical milestone, but it is not the end of the journey. First, it’s important to ask, where are we now? An “agreement in principle” has been reached, but more vital work remains to be … Continue reading Privacy Across Borders: Where We Are and What Lies Ahead
We Are, in Essence, the Same
The views expressed in this product are the author’s and do not imply endorsement by the Office of the Director of National Intelligence or any other U.S. Government agency. As we witness Russia’s invasion of Ukraine and the world’s response, I am reminded once again that what unites democracies is so much stronger than what … Continue reading We Are, in Essence, the Same
Welcome to Privacy Across Borders!
The Privacy Across Borders (PAB) team is excited to launch this new site to explore solutions to the challenging issues that arise when data crosses borders, especially those at the intersection of technology, privacy, and security. Initially, this site will focus on our current work to preserve transatlantic data flows in the wake of the Schrems … Continue reading Welcome to Privacy Across Borders!