Appendix Annex A EU-U.S. Privacy Shield Ombudsperson mechanism regarding signals intelligenceF1

In recognition of the importance of the EU-U.S. Privacy Shield Framework, this Memorandum sets forth the process for implementing a new mechanism, consistent with Presidential Policy Directive 28 (PPD-28), regarding signals intelligence.

On January 17, 2014, President Obama gave a speech announcing important intelligence reforms. In that speech, he pointed out that ‘[o]ur efforts help protect not only our nation, but our friends and allies as well. Our efforts will only be effective if ordinary citizens in other countries have confidence that the United States respects their privacy too.’ President Obama announced the issuance of a new presidential directive—PPD-28—to ‘clearly prescribe what we do, and do not do, when it comes to our overseas surveillance.’

Section 4(d) of PPD-28 directs the Secretary of State to designate a ‘Senior Coordinator for International Information Technology Diplomacy’ (Senior Coordinator) ‘to … serve as a point of contact for foreign governments who wish to raise concerns regarding signals intelligence activities conducted by the United States.’ As of January 2015, Under Secretary C. Novelli has served as the Senior Coordinator.

This Memorandum describes a new mechanism that the Senior Coordinator will follow to facilitate the processing of requests relating to national security access to data transmitted from the EU to the United States pursuant to the Privacy Shield, standard contractual clauses (SCCs), binding corporate rules (BCRs), ‘Derogations,’ or ‘Possible Future Derogations,’ through established avenues under applicable United States laws and policy, and the response to those requests.

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