Data Privacy & Protection

Department of Homeland Security (DHS) Secretary Janet Napolitano announced August 27 new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry—a critical step designed to bolster the Department’s efforts to combat transnational crime and terrorism while protecting privacy and civil liberties. “Keeping Americans safe in an increasingly digital world depends on our ability to lawfully screen materials entering the United States,” said Secretary Napolitano. “The new directives announced today strike the balance between respecting the civil liberties and privacy of all travelers while ensuring DHS can take the lawful actions necessary to secure our borders.” The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media—consistent with the Department’s Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

2009: U.S., EU Reach Agreement on Common Personal Data Protection Principles (Oct 28, 2009) | Joint U.S.-EU JHA Ministerial Final Statement (Oct 28, 2009) | Privacy Impact Assessment Update for TSA Whole Body Imaging (Jul 23, 2009)

GEORGE W. BUSH ADMINISTRATION

The U.S.-EU Justice and Home Affairs Ministerial, meeting in Washington on December 12, 2008, said in a statement that the European Union and the United States had identified a wide range of common principles and certain outstanding issues relating to privacy and personal data protection, and that their aim is to start negotiation of a binding international agreement as soon as possible.

2008: U.S., EU Issue Statement on Common Data Privacy and Protection Principles (Dec 12, 2008) | U.S.'s Chertoff, Belgium's De Gucht Discuss Terrorism, Data Privacy at GMF Event (Mar 16, 2008) | U.S., Germany Agree to Share Fingerprint Databases and Terrorist Information (Mar 11, 2008) | Homeland Security's Chertoff, Britain's Interior Minister Discuss Travel Security Issues (Feb 11, 2008)

Homeland Secrurity Secretary Chertoff (third from left) Addresses the European Parliament's Civil Liberties Committee in Brussels, Belgium, on May 14, 2007. Photo: Barry Bahler, Department of Homeland Security 2007: Federal Register Notice of U.S.-EU Exchange of Letters on Terrorist Finance Tracking Program/SWIFT (Oct 23, 2007) | Homeland Security's Chertoff Announces Signing of Passenger Name Record Deal with EU (Jul 27, 2009) (Text of Agreement) | U.S., EU Initial Agreement on Transfer of Air Passenger Data (Jul 5, 2007) | Homeland Security's Chertoff Addresses European Parliament Committee on Data Transfer, Privacy (May 14, 2007) (Secretary Chertoff's Letter to the Civil Liberties Committee) | Press Conference with U.S.'s Chertoff, Commission's Frattini and Germany's Schaüble (May 14, 2007 | Homeland Security's Chertoff Discusses Data Privacy, Transfer in Media Roundtable (May 14, 2007) | Hugo Teufel, Chief Privacy Officer at the U.S. Department of Homeland Security (left) and Jane Horvath, Chief Privacy Officer at the Department of Justice, speak at a media roundtable in Brussels, May 7, 2007. Photo: Marijke Hendrickx Chief U.S. Data Privacy Officers Reach Out to EU (May 7, 2007) | Federal Register Notice of the U.S.-EU Interim Passenger Name Record Agreement (Jan 4, 2007)