Much ink has been spilled over the Executive Order Enhancing Safeguards for United States Signals Intelligence Activities (the “Executive Order”) signed by President Biden in early October. The Executive Order is supposed to establish the United States’ commitments reflected in the March 25, 2022 joint EU-U.S. announcement of the Trans-Atlantic Data Privacy Framework (the “Framework”).  While the Framework is described as an “agreement in principle” to facilitate cross-border transfer of personal data, the Executive Order is supposed to go further, toward actually implementing the promised protective measures.  But does it?

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