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In October 2022, President Biden issued an executive order regarding the European Union - U.S. Data Privacy Framework.  The Framework allows for data flows between the EU and the U.S., and it was established after the European Court of Justice struck down a prior agreement known as the EU-U.S. Privacy Shield.  The executive order addresses U.S. collection of signals intelligence, which has been a source of concern for EU regulators and privacy advocates.  The executive order limits signals intelligence collection to defined national security objectives, requires the privacy and civil liberties of all persons be considered regardless of nationality, and the collection must be proportionate.  In addition, the executive order calls for a multi-layered review process that will allow individuals to lodge complaints regarding the collection of signals intelligence.

Our experts will discuss whether the Framework addresses the concerns of privacy advocates in the EU and the U.S., and they will consider the implications of the review process for U.S. intelligence collection.  This program will also explore whether the EU and U.S. can reach a durable privacy agreement given the tension between EU privacy preferences and U.S. national security needs.

Featuring:

  • Stewart Baker, Of Counsel, Steptoe & Johnson LLP
  • Max Schrems, Founder, NOYB
  • Moderator: Matthew R. A. Heiman, General Counsel & Corporate Secretary, Waystar Health; Senior Fellow and Director of Planning, National Security Institute

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.