Summary-FISA-Reauthorization-of-2017---10.15.18.pdf - The FISA Amendments Reauthorization Act of 2017 Enhanced Privacy Safeguards for Personal Data

Summary-FISA-Reauthorization-of-2017---10.15.18.pdf - The...

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1 The FISA Amendments Reauthorization Act of 2017: Enhanced Privacy Safeguards for Personal Data Transfers Under Privacy Shield In 2008, Congress passed updates to the Foreign Intelligence Surveillance Act (FISA), including the addition of Section 702, which authorized the acquisition of electronic communications of non-U.S. persons located outside the United States for the express purpose of collecting foreign intelligence information, under FISA Court-approved procedures and subject to FISA Court oversight. On January 19, 2018, Congress reauthorized Section 702 for six years. In addition to reauthorizing Section 702, the FISA Amendments Reauthorization Act of 2017 (the Act ) expands privacy safeguards under FISA and other U.S. intelligence laws. These new safeguards are discussed below. Limitations on Collection, Use, and Processing Congressional Review and Oversight of Abouts Collection The Government terminated “about s collection in April 2017, as has been publicly disclosed. “Abouts” collection refers to a communication that is acquired based on it containing a reference to a Section 702-tasked selector (such as an email address), not because the communication is to or from the Section 702-tasked selector. The Act requires that if the government wants to resume acquiring “about s ” communications, absent an emergency situation, certain steps must be taken. First, the government must inform Congress thirty days prior to commencing such collection; during this period, Congress may hold hearings and review the proposed collection. Second, the government must also inform and obtain approval from the FISA Court. Prior to the FISA Court approving the government’s request, the Act directs the FISA Court to consider appointing an amicus curiae to advocate for individual privacy and civil liberties interests during its review of any such proposed collection. Querying Procedures Required The Act now requires the Attorney General and the Director of National Intelligence (DNI) to adopt querying procedures for information acquired pursuant to Section 702. These procedures must be reviewed and approved by the FISA Court. Section 702 querying constraints are already in place for information concerning persons of any nationality, as set forth in relevant agenc ies’
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