Section 2712 - Civil actions against the United States

1 Analyses of this statute by attorneys

  1. U.S. Government issues white paper regarding EU-U.S. personal data transfers

    Hogan LovellsTimothy TobinSeptember 29, 2020

    g assessments and targeting rationale;Having DOJ independent intelligence oversight attorneys review such targeting assessments and rationales as well as the “selectors” used in a given directive (with such selectors having to be sufficiently targeted and not generic) and report noncompliance bask to the FISC;Imposing remedial action including modification of programs and termination of the government’s authority to engage in data collection; andReceiving semi-annual joint DOJ-ODNI assessments of whether individuals, including foreign nationals, are properly targeted.There is individual redress, including for EU citizens, for violations of FISA section 702 through measures not addressed by the CJEU, including FISA provisions allowing private actions for compensatory and punitive damages, and attorney’s fees against individuals who commit violations, 50 U.S.C. § 1810, separate private right of action provisions under the Electronic Communications Privacy Act (ECPA) for FISA violations, 18 U.S.C. § 2712, and private actions to challenge government access to personal data under the Administrative Procedures Act, 5 U.S.C. § 702.Additional privacy safeguards have been added to FISA section 702 since the EU Commission’s Privacy Shield adequacy determination in 2016, including the FISC’s order terminating “abouts” collection (collections not just to or from a specific selector, but of communications with the selector in the text of the communication) and 2018 FISA amendments that added: querying procedures (in addition to targeting and minimization procedures), provisions improving oversight by the Privacy and Civil Liberties Oversight Board, privacy and civil liberties officer requirements to additional relevant agencies, expanded whistleblower protections to contractors, transparency requirements including provisions for disclosing the number of section 702 targets, and requirements to notify Congress before “abouts” collections could be used.FISA Section 702 provides “essential equival