Peter Swire, Rebecca Richards, Kenneth Propp, Ashley Gorski
The EU/U.S. Data Privacy Framework went into effect in 2023, but legal challenges to it may well reach the Court of Justice for the European Union. This panel will highlight and explain the key issues that are likely to arise in the litigation, from U.S. constitutional doctrines to the new U.S. approach to defining “necessary and proportionate” intelligence activities.
Peter Swire, Professor, Georgia Tech Scheller College of Business, Senior Counsel, Alston Bird
Rebecca Richards, Chief, ODNI Civil Liberties, Privacy, and Transparency Office, ODNI
Kenneth Propp, Professor of European Union Law, Georgetown University Law Center
Ashley Gorski, Senior Staff Attorney, ACLU National Security Project
Reading Materials:
- Data Privacy Framework
- Understanding Intelligence Community Directive 126’s Implementation Procedures for the Executive Order 14086 Signals Intelligence Redress Mechanism
- Enhancing Safeguards for United States Signals Intelligence Activities
- Implementation Procedures for the Signals Intelligence Redress Mechanism Under Executive Order 14086
- Data Protection Review Court (DPRC) Final Rule
- The Biden Administration’s SIGINT Executive Order, Part I: New Rules Leave Door Open to Bulk Surveillance
- The Biden Administration’s SIGINT Executive Order, Part II: Redress for Unlawful Surveillance
