President Joe Biden’s administration established a covert court that safeguards the privacy rights of Europeans under U.S. law, but not those of Americans, Politico reported.
The Biden administration created the Data Protection Review Court (DPRC) at an unspecified time and location after receiving authorization under an October 2022 executive order, which resolved a legal clash between European and American laws that hindered the profitable exchange of consumer data for three years, according to Politico. Europeans, however, have access to the DPRC while Americans do not, even if they think they are subject to inappropriate government surveillance.
Americans have the option to seek recourse for surveillance in federal court, but it is contingent on demonstrating tangible injury or wrongdoing, which is exceedingly difficult to prove, according to Politico.
“We’re in an odd place when non-residents have easier access to a place to raise their concerns about U.S. government surveillance than Americans do,” former chair of the Privacy and Civil Liberties Oversight Board (PCLOB) Adam Klein told Politico.
Attorney General Merrick B. Garland Announces Judges of the Data Protection Review Courthttps://t.co/s9C4ScBdR3 pic.twitter.com/clxiCkCGyK
— U.S. Department of Justice (@TheJusticeDept) November 14, 2023
Europeans’ private data can legally be surveilled by United States intelligence agencies, but the DPRC gives them protection, according to Politico. European Commission (EC) officials expressed approval in July.
The DPRC received its panel of eight judges in November, but there is not much else known about the court, according to Politico. Its location is unknown and the Department of Justice (DOJ) has not acknowledged any details about its caseload, nor will the court disclose its decisions.
Plaintiffs are prohibited from showing up to the court in person and, instead, have legal representation through a designated special advocate appointed by the United States attorney general, according to Politico.
A DOJ official conceded the secretive nature of the DPRC, but emphasized to Politico the need for tackling government surveillance issues in a covert manner.
“There’s actual honest-to-goodness, something going on behind that, which is the investigation the [Office of the Director of National Intelligence] does and the decision of the court,” the official told Politico.
The PCLOB will conduct oversight of the DPRC in a yearly review under the October executive order, which will lead to its transparency about caseloads, decisions and intelligence agency compliance, officials told Politico. A classified version of the yearly review will go to Biden, Attorney General Merrick Garland, congressional intelligence committees and intelligence community leaders, while the public will receive an unclassified version.
“We’re going to try to make as much information public as possible, because the whole point is to inspire confidence that we’re conducting activities appropriately,” the DOJ official told Politico.
The White House and DOJ did not immediately respond to the Daily Caller News Foundation’s request for comment.
Jason Cohen on January 18, 2024
