Data Protection Review Court

Issuing agencies

Abstract

As authorized and directed by the Executive order of October 7, 2022, "Enhancing Safeguards for United States Signals Intelligence Activities," this rule amends Department of Justice regulations to establish within the Department a Data Protection Review Court ("DPRC"). The DPRC will review determinations made by the Civil Liberties Protection Officer of the Office of the Director of National Intelligence ("ODNI CLPO") in response to qualifying complaints that allege certain violations of United States law in the conduct of United States signals intelligence activities. Applications for review by the DPRC must be filed by individuals through the appropriate public authority in a designated foreign country or regional economic integration organization. To facilitate their independent and impartial review, DPRC judges will not be subject to the day-to-day supervision of the Attorney General and will be subject to removal protections. DPRC decisions, including the direction of appropriate remedial measures to be undertaken by United States intelligence agencies, will be final and binding. Individual complainants will not be informed whether they were subject to signals intelligence activities, but instead will receive a standardized notice that states that the DPRC's review has been completed and either did not identify any covered violations or the DPRC issued a determination requiring any appropriate remediation.