January 2017
Trump Executive Order Puts Privacy Shield’s Future in Doubt

President Trump signed an Executive Order last week that potentially puts the six-month old Privacy Shield in jeopardy. While mostly aimed at immigration and border patrol, the Executive Order entitled “Enhancing Public Safety in the Interior of the United States,” also includes a provision aimed at eliminating privacy protection for foreigners. Section 14 of the Executive Order reads:

"Privacy Act. Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information."

By specifically excluding non-U.S. citizens or residents from the protections of the Privacy Act, the U.S. safeguards provided by the Privacy Shield regarding the adequacy of protection of the personally identifiable information of EU citizens could be destroyed, leading to the invalidation of the Privacy Shield Agreement outright.

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