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EU US PRIVACY SHIELD FRAMEWORK 3. Access and Use of Personal Data Transferred under the EU-U.S. Privacy Shield by U.S. Public Authorities

  1. As follows from Annex II, Sec. I.5, adherence to the Principles is limited to the extent necessary to meet national security, public interest or law enforcement requirements.
  2. The Commission has assessed the limitations and safeguards available in U.S. law as regards access and use of personal data transferred under the EU-U.S. Privacy Shield by U.S. public authorities for national security, law enforcement and other public interest purposes. In addition, the U.S. government, through its Office of the Director of National Intelligence (ODNI)[1], has provided the Commission with detailed representations and commitments that are contained in Annex VI to this decision. By letter signed by the Secretary of State and attached as Annex III to this decision, the U.S. government has also committed to creating a new oversight mechanism for national security interference, the Privacy Shield Ombudsperson, who is independent of the Intelligence Community. Finally, a representation from the U.S. Department of Justice, contained in Annex VII to this decision, describes the limitations and safeguards applicable to access and use of data by public authorities for law enforcement and other public interest purposes. In order to enhance transparency and to reflect the legal nature of these commitments, each of the documents listed and annexed to this decision will be published in the U.S. Federal Register.
  3. The findings of the Commission on the limitations on access and use of personal data transferred from the European Union to the United States by U.S. public authorities and the existence of effective legal protection are further elaborated below.

[1] The Director of National Intelligence (DNI) serves as the head of the Intelligence Community and acts as the principal advisor to the President and the National Security Council. See the Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458 of 17.12.2004. Among others, the ODNI shall determine requirements for, and manage and direct the tasking, collection, analysis, production and dissemination of national intelligence by the Intelligence Community, including by developing guidelines for how information or intelligence is accessed, used and shared. See Sec. 1.3 (a), (b) of E.O. 12333.