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Office of Civil Liberties, Privacy and Transparency - FISA Resources

Wednesday, August 14, 2013

Office of Civil Liberties, Privacy and Transparency

FISA Resources

The Foreign Intelligence Surveillance Act of 1978 (FISA) contains several provisions that govern how foreign intelligence information can be obtained, including provisions for obtaining information on certain persons outside the United States under Section 702 of FISA (added to FISA by the FISA Amendments Act of 2008), and provisions for obtaining business records under Section 501 of FISA (as amended by Section 215 of the PATRIOT Act). Below are select resources designed to provide greater transparency regarding FISA authorities.

The full text of the Foreign Intelligence Surveillance Act may be found within the IC Legal Reference Book.

 


Media Releases

Processes for Assessing the Efficacy and Value of Intelligence Programs - February 9, 2016

Department of Justice Releases Documents on Pen Registers and Trap and Trace Applications to the FISC - Tuesday, March 4, 2014

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.


Joint Statement by Director of National Intelligence James Clapper and Attorney General Eric Holder on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Wednesday, February 12, 2014

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.


FISC Approves Government’s Request to Modify Telephony Metadata Program - Thursday, February 6, 2014

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.


DNI Clapper Declassifies Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Friday, January 17, 2014

DNI Clapper authorizes declassification and public release of additional documents relating to collection under Section 501 of the Foreign Intelligence Surveillance Act.


Readout of the IC Leadership’s Meeting with the President’s Review Group on Intelligence and Communications Technologies - Tuesday, January 7, 2014

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.


Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - Friday, January 3, 2014 -

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.


DNI Clapper Declassifies Additional Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - November 18, 2013

"Today I authorized the declassification and public release of additional documents relating to collection under Section 501, bringing the total to nearly 2000 pages of documents released to the public so far, including 20 orders and opinions of the Foreign Surveillance Court, 11 pleadings and other documents submitted to the Court, 24 documents provided to Congress, and 20 reports, training slides, and other internal documents describing the legal basis for the programs and how they operate."



DNI Clapper Declassifies Additional Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act
- October 28, 2013

"Today I am authorizing the declassification and public release of a number of additional documents relating to collection under Section 215."

Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - October 11, 2013

"As indicated by a declassified court order and amended memorandum opinion published by the Foreign Intelligence Surveillance Court Sept. 17, 2013, the court authorization requiring the production of certain telephony metadata under the “business records” provision of the Foreign Intelligence Surveillance Act, 50 U.S.C. Section 1861, expires Oct. 11, 2013."


DNI Clapper Declassifies Intelligence Community Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act (FISA)
- Tuesday, September 10, 2013

Director Clapper declassified and released a number of documents pertaining to the Government’s collection of bulk telephony metadata under Section 501 of the FISA, as amended by Section 215 of the USA PATRIOT Act.
  These documents were provided to Congress at the time of the events in question and include orders and opinions from the Foreign Intelligence Surveillance Court (FISC), filings with that court, an Inspector General Report, and internal NSA documents.  They describe certain compliance incidents that were discovered by NSA, reported to the FISC and the Congress, and resolved four years ago.  They span 2006-2009. 

DNI Clapper Directs Annual Release of Information Related to Orders Issued Under National Security Authorities - Friday, August 30, 2013

In June, President Obama directed the Intelligence Community (IC) to declassify and make public as much information as possible about certain sensitive U.S. Government surveillance programs while being mindful of the need to protect sensitive classified intelligence and national security.  Consistent with this directive and in the interest of increased transparency, the DNI has determined, with the concurrence of the IC, that going forward the IC will publicly release, on an annual basis, aggregate information concerning compulsory legal process under certain national security authorities.

Joint Statement: NSA and Office of the Director of National Intelligence - August 22, 2013

Press reports based on an article published in today’s Wall Street Journal mischaracterize aspects of NSA’s data collection activities conducted under Section 702 of the Foreign Intelligence Surveillance Act. The NSA does not sift through and have unfettered access to 75% of the United States’ online communications.

DNI Declassifies Intelligence Community Documents Regarding Collection Under Section 702 of the Foreign Intelligence Surveillance Act (FISA) - August 21, 2013

In June, President Obama requested that Director of National Intelligence James R. Clapper declassify and make public as much information as possible about certain sensitive NSA programs while being mindful of the need to protect sensitive classified intelligence and national security.  Consistent with this directive and in the interest of increased transparency, DNI Clapper has today authorized the declassification and public release of a number of documents pertaining to the Intelligence Community’s collection under Section 702 of the Foreign Intelligence Surveillance Act (FISA).  DNI Clapper has determined that the release of these documents is in the public interest.



The job of protecting security and privacy - ODNI's Alex Joel discusses his role as the Intelligence Community's Civil Liberties Protection Officer - August 14, 2013

Many Americans probably don't know that there is a senior official whose job by law is to help ensure that civil liberties and privacy protections are built into intelligence programs. I am that official - the "Civil Liberties Protection Officer." I engage with the director of national intelligence and other intelligence officials to oversee and guide intelligence activities


DNI Clapper Announces Review Group on Intelligence and Communications Technologies Monday - August 12, 2013

At the direction of the President, I am establishing the Director of National Intelligence Review Group on Intelligence and Communications Technologies to examine our global signals-intelligence collection and surveillance capability.


DNI Clapper Declassifies and Releases Telephone Metadata Collection Documents - July 31, 2013

In the interest of increased transparency, DNI Clapper authorized the declassification and public release of the attached documents pertaining to the collection of telephone metadata pursuant to Section 215 of the PATRIOT Act. DNI Clapper has determined that the release of these documents is in the public interest.


Defunding FISA Business Records program risks dismantling important intelligence tool - July 24, 2013

DNI Clapper joined Senate and House Intelligence Committee leadership in their call for an open and candid discussion about foreign surveillance authorities and careful consideration of the potential effect of limiting the Intelligence Community’s capabilities under these authorities.


Foreign Intelligence Surveillance Court Renews Authority to Collect Telephony Metadata - July 19, 2013

ODNI statement announces that DNI Clapper has decided to declassify and disclose publicly that the Government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the Court renewed that authority.


DNI Clapper Letter on Misunderstandings Arising from his March 12th Appearance Before the Senate Select Committee on Intelligence - July 02, 2013  

DNI Clapper letter to Senate Intelligence Committee Chairman Senator Feinstein explaining his erroneous response to a question asked by Senator Wyden at the open March 12 Intelligence Committee hearing.


ODNI Statement on the Limits of Surveillance Activities - June 16, 2013

ODNI Public Affairs statement dispels the erroneous notion that a single analyst can eavesdrop on domestic communications without legal authority.


Statement from the ODNI Spokesperson on the Latest Report from The Guardian - June 09, 2013

Statement from ODNI Director of Public Affairs Shawn Turner regarding press reporting that identified an individual who disclosed classified material; the matter has been referred to the Department of Justice and thus inquiries should be made there.


DNI Statement on the Collection of Intelligence Pursuant to Section 702 of the Foreign Intelligence Surveillance Act - June 08, 2013

DNI Clapper provides context for Section 702, including that is it is overseen by all three branches of Government and is an effective tool, which the media failed to provide in a “rush to publish.”


Facts on the Collection of Intelligence Pursuant to Section 702 of the Foreign Intelligence Surveillance Act - June 08, 2013

ODNI Fact Sheet which states PRISM is a computer system used to facilitate collection of information pursuant to Section 702; discusses restrictions of Section 702; details oversight of Section 702 including by the FISA Court, Congress, and the Executive.


DNI Statement on Activities Authorized Under Section 702 of FISA - June 06, 2013

DNI Clapper addresses inaccuracies in recent reporting about Section 702 of FISA.


DNI Statement on Recent Unauthorized Disclosures of Classified Information- June 06, 2013

DNI Clapper explains Intelligence Community priorities, the long-lasting and irreversible harm to the U.S.’s ability to identify and respond to the many threats facing the nation unauthorized disclosures cause, and provides key information regarding how classified intelligence collection programs are used to prevent terrorist attacks and the numerous safeguards that protect privacy and civil liberties, which the reporting omitted.


Speeches & Interviews

American Bar Association, 23rd Annual Review of the Field of National Security Law, Executive Updates on Developments in National Security Law, Panel: Privacy, Technology and National Security: An Overview of Intelligence Collection -  October 31, 2013

As Prepared Remarks of Robert S. Litt General Counsel for the Office of the Director of National Intelligence.  


Privacy, Technology & National Security: An Overview of Intelligence Collection by Robert S. Litt, ODNI General Counsel
- July 18, 2013

At a Brookings Institution sponsored event, Robert Litt corrects some of the misimpressions that resulted from the disclosures of classified information about legal programs, authorized by Congress and subject to oversight by all three branches of the government. Mr. Litt discusses the laws that govern intelligence collection activities; the effect of changing technology and the corresponding need to adapt how we protect privacy on those collection activities; and how the laws play out in practice so so that the Intelligence Community's collection activities under FISA respond to these changes in a way that remains faithful to our democratic values.  


Transcript: Newseum Special Program - NSA Surveillance Leaks: Facts and Fiction  - June 26, 2013

ODNI General Counsel Robert S. Litt participated on an American Bar Association Law and National Security Committee sponsored panel at the Newseum in Washington, D.C. Mr. Litt emphasized how the Intelligence Community is careful to achieve the goals of both national security and protection of individual rights.  Mr. Litt discussed two types of intelligence collection programs - Section 215 and Section 702 - and how both are subjected to restrictions and oversight, detailing such restrictions and oversight for each program. 


Director James R. Clapper Interview With Andrea Mitchell - June 10, 2013

DNI Clapper discusses how the leaks hurt American intelligence capabilities and how Section 215 has prevented terror plots.  DNI Clapper also discussed the oversight by the Foreign Intelligence Surveillance Court (FISC) and the how the FISA programs are subjected to Congressional oversight, including the intelligence oversight committees.  DNI Clapper discussed Section 702 and Section 215 programs.


Congressional Testimony

Remarks as delivered by James R. Clapper Director of National Intelligence, Open Hearing on Continued Oversight of the Foreign Intelligence Surveillance Act to the House Permanent Select Committee on Intelligence - October 29, 2013

Remarks as delivered by James R. Clapper Director of National Intelligence, Open Hearing on Continued Oversight of the Foreign Intelligence Surveillance Act to the House Permanent Select Committee on Intelligence.


Remarks as delivered by James R. Clapper, Director of National Intelligence at an Open Hearing on Foreign Intelligence Surveillance Authorities
- Thursday, September 26, 2013 -

Remarks as delivered by James R. Clapper, Director of National Intelligence at an Open Hearing on Foreign Intelligence Surveillance Authorities U.S. Senate Select Committee on Intelligence


Hearing of the House Judiciary Committee, Opening Statement of Mr. Robert S. Litt, General Counsel, ODNI - July 17, 2013

Robert Litt noted that it was important to correct some of the misimpressions that exist about intelligence collection programs and highlighted three points about the Foreign Intelligence Surveillance Court (FISC):  1) the activity regulated by the FISC was historically outside of all judicial supervision; 2) the FISC is not a rubber stamp; and 3) we should strive for the maximum possible transparency about the activities of the FISC. 


IC Policies and Reports -- FISA Amendments Act of 2008

Semi-Annual Assessment of Compliance with the Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence - August 2013


DNI Letter to House and Senate Leaders with FISA Amendments Act 2012 Legislative Proposal - March 26, 2012


Joint Letter from DNI Clapper and Attorney General Eric Holder Urging Reauthorization of Title VII of the FAA - February 8, 2012

The letter by DNI Clapper and Attorney General Holder urging Congress to reauthorize Title VII of FISA, enacted by the FISA Amendments Act of 2008 (FAA), including explaining Section 702.  The letter contained a background paper on Title VII of FISA prepared by the Department of Justice and the Office of the Director of National Intelligence (ODNI) describing the provision of Title VII of FISA that were added by the FAA, detailing how Section 702 provides valuable foreign intelligence information about terrorists while protecting the privacy and civil liberties of Americans.  The background paper also discussed other important provisions of Title VII of FISA and urged those provisions to be reauthorized and that Congress has been kept fully informed and conducts vigorous oversight of Title VII’s implementation.


May 2010 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The third Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period June 1, 2009 – November 30, 2009.  This document, issued May 2010, is declassified and redacted.


December 2009 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The second Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period December 1, 2008 – May 31, 2009.  This document, issued December 2009, is declassified and redacted.


March 2009 Final Release of Semi-Annual FISA Compliance Assessment with Exemptions

The first Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act, Submitted by the Attorney General and the Director of National Intelligence for reporting period September 4, 2008  – November 30, 2008.  This document, issued March 2009, is declassified and redacted.

 

Department of Justice Releases Documents on Pen Registers and Trap and Trace Applications to the FISC - Tuesday, March 4, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1024-department-of-justice-releases-documents-on-pen-registers-and-trap-and-trace-applications-to-fisc

On Friday, the Attorney General through the Department of Justice, declassified and released 24 documents that were responsive to a portion of a Freedom of Information Act request by the Electronic Privacy Information Center.

Joint Statement by Director of National Intelligence James Clapper and Attorney General Eric Holder on the Declassification of Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Wednesday, February 12, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1018-joint-statement-by-director-of-national-intelligence-james-clapper-and-attorney-general-eric-holder-on-the-declassification-of-additional-documents-regarding-collection-under-section-501-of-the-foreign-intelligence-surveillance-act

 

The Director of National Intelligence declassified and disclosed publicly that the U.S. government had filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that, on Jan. 3, 2014, the court renewed that authority.

 

FISC Approves Government’s Request to Modify Telephony Metadata Program - Thursday, February 6, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1013-foreign-intelligence-surveillance-court-approves-government-s-request-to-modify-telephony-metadata-program

 

During his speech on Jan. 17, 2014, President Obama ordered a transition that will end the Section 215 bulk telephony metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk data.

 

DNI Clapper Declassifies Additional Documents Regarding Collection Under Section 501 of the Foreign Intelligence Surveillance Act - Friday, January 17, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/1001-dni-clapper-declassifies-additional-documents-regarding-collection-under-section-501-of-the-foreign-intelligence-surveillance-act

 

DNI Clapper authorizes declassification and public release of additional documents relating to  collection under Section 501 of the Foreign Intelligence Surveillance Act.

 

Readout of the IC Leadership’s Meeting with the President’s Review Group on Intelligence and Communications Technologies - Tuesday, January 7, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/997-readout-of-the-ic-leadership%E2%80%99s-meeting-with-the-president%E2%80%99s-review-group-on-intelligence-and-communications-technologies

 

The Director of National Intelligence, James Clapper, and other Intelligence Community leaders met today with three members of the President’s Review Group on Intelligence and Communications Technologies.

 

Foreign Intelligence Surveillance Court Approves Government’s Application to Renew Telephony Metadata Program - Friday, January 3, 2014 -

http://www.odni.gov/index.php/newsroom/press-releases/198-press-releases-2014/994-foreign-intelligence-surveillance-court-approves-government%E2%80%99s-application-to-renew-telephony-metadata-program

 

DNI Clapper has decided to declassify and disclose publicly that the government filed an application with the Foreign Intelligence Surveillance Court seeking renewal of the authority to collect telephony metadata in bulk, and that the court renewed that authority on January 3, 2014.

Office of Civil Liberties, Privacy and Transparency - Submit a Complaint

Monday, April 02, 2012

Office of Civil Liberties, Privacy and Transparency

To Submit A Complaint

The Office of Civil Liberties, Privacy and Transparency reviews, assesses, and, where appropriate, investigates complaints and other information indicating possible abuses of civil liberties and privacy in the administration of ODNI programs and operations.

If you wish to report a potential civil liberties and privacy violation or file a complaint, please provide a written detailed description of the incident and surrounding circumstances, and include copies of any unclassified documentation pertaining to the matter.

The information should be mailed to:

Office of the Director of National Intelligence
ATTN:Office of Civil Liberties, Privacy and Transparency
Washington, DC 20511

Please note:

  • The Civil Liberties Protection Officer's statutory duty to review, assess, and investigate complaints extends only to the administration of programs and operations of the ODNI. Accordingly, if your concern involves a program or operation administered by another U.S. Government department or agency, please submit your concern directly to that entity. Depending on the subject matter, your complaint may be referred to the IC Office of Inspector General or to another U.S. Government department or agency, such as the Department of Justice, to conduct an investigation as appropriate.
  • No action constituting a reprisal, or threat of reprisal, will be made against a Federal employee for making a complaint or for disclosing information to the Civil Liberties and Privacy Office that indicates a possible violation of civil liberties or privacy protections in the administration of ODNI programs and operations, unless the complaint is made or the information is disclosed with the knowledge that it was false or made with willful disregard for its truth or falsity.

Office of Civil Liberties, Privacy and Transparency - Intelligence Reform and Terrorism Prevention Act of 2004

Monday, April 02, 2012

Office of Civil Liberties, Privacy and Transparency

The Intelligence Reform and Terrorism Prevention Act

The Intelligence Reform and Terrorism Prevention Act (Title I of Public Law 108-458; 118 Stat. 3688) amended the National Security Act of 1947 and created the position of “Civil Liberties Protection Officer” within the Office of the Director of National Intelligence.  In 2005,  Alexander Joel was appointed as the Civil Liberties Protection Officer, and charged with the responsibilities set forth below.   These duties include ensuring that the programs and policies of the United States Intelligence Community appropriately incorporate protections of civil liberties and privacy.  In addition, under Section 1062 of the Act (which Congress amended in 2007), the Civil Liberties Protection Officer oversees the issuance of reports regarding the activities of the office, including the types of reviews undertaken and the disposition of complaints received.  Copies of these reports are provided to Congressional oversight committees, the Privacy and Civil Liberties Oversight Board, and are made available to the public in an unclassified format. The Act specifically prohibits reprisal against individuals who submit complaints to a privacy or civil liberties officer.

The Intelligence Reform and Terrorism Prevention Act

(Title I of Public Law 108-458; 118 Stat. 3688)

Sec. 103D of the National Security Act of 1947, codified as 50 USC 403-3d

(a) Civil Liberties Protection Officer.

(1) Within the Office of the Director of National Intelligence, there is a Civil Liberties Protection Officer who shall be appointed by the Director of National Intelligence.

(2) The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.

(b) Duties. The Civil Liberties Protection Officer shall-

(1) ensure that the protection of civil liberties and privacy is appropriately incorporated in the policies and procedures developed for and implemented by the Office of the Director of National Intelligence and the elements of the intelligence community within the National Intelligence Program;

(2) oversee compliance by the Office and the Director of National Intelligence with requirements under the Constitution and all laws, regulations, Executive orders, and implementing guidelines relating to civil liberties and privacy;

(3) review and assess complaints and other information indicating possible abuses of civil liberties and privacy in the administration of the programs and operations of the Office and the Director of National Intelligence and, as appropriate, investigate any such complaint or information;

(4) ensure that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;

(5) ensure that personal information contained in a system of records subject to section 552a of title 5, United States Code (popularly referred to as the "Privacy Act"), is handled in full compliance with fair information practices as set out in that section;

(6) conduct privacy impact assessments when appropriate or as required by law; and

(7) perform such other duties as may be prescribed by the Director of National Intelligence or specified by law.

(c) Use of agency Inspectors General. When appropriate, the Civil Liberties Protection Officer may refer complaints to the Office of Inspector General having responsibility for the affected element of the department or agency of the intelligence community to conduct an investigation under paragraph (3) of subsection (b).


Section 1062  -- PRIVACY AND CIVIL LIBERTIES OFFICERS (as amended by Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, codified as 42 USC 2000ee-1).

(a) Designation and Functions—The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under section 1061 to be appropriate for coverage under this section shall designate not less than 1 senior officer to serve as the principal advisor to—

(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;

(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions;

(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and

(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established—

(A) that the need for the power is balanced with the need to protect privacy and civil liberties;

(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and

(C) that there are adequate guidelines and oversight to properly confine its use.

(b) Exception to Designation Authority—

(1) PRIVACY OFFICERS—In any department, agency, or element referred to in subsection (a) or designated by the Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.

(2) CIVIL LIBERTIES OFFICERS—In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties.

(c) Supervision and Coordination—Each privacy officer or civil liberties officer described in subsection (a) or (b) shall—

(1) report directly to the head of the department, agency, or element concerned; and

(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.

(d) Agency Cooperation—The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer—

(1) has the information, material, and resources necessary to fulfill the functions of such officer;

(2) is advised of proposed policy changes;

(3) is consulted by decision makers; and

(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.

(e) Reprisal for Making Complaint—No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(f) Periodic Reports—

(1) IN GENERAL—The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers—

(A)(i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives;

(ii) to the head of such department, agency, or element; and

(iii) to the Privacy and Civil Liberties Oversight Board; and

(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.

(2) CONTENTS—Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including—

(A) information on the number and types of reviews undertaken;

(B) the type of advice provided and the response given to such advice;

(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and

(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.

(g) Informing the Public—Each privacy officer and civil liberties officer shall—

(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.

(h) Savings Clause—Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers.

Office of Civil Liberties, Privacy and Transparency - Who We Are

Tuesday, January 03, 2012

Office of Civil Liberties, Privacy and Transparency

Who We Are

The IC must exemplify America's values: operating under the rule of law, consistent with Americans' expectations for protection of privacy and civil liberties, respectful of human rights, and in a manner that retains the trust of the American people." – National Intelligence Strategy of the United States, August 2009

The Office of Civil Liberties, Privacy and Transparency (CLPT) works to ensure that the Intelligence Community carries out its national security mission in a manner that protects privacy and civil liberties, and, at the same time, provides appropriate transparency to the public.

CLPT is led by Alexander W. Joel, Chief, Civil Liberties, Privacy, and Transparency. In this capacity, he serves as the Civil Liberties Protection Officer, a position established by the Intelligence Reform and Terrorism Prevention Act of 2004. Reporting directly to the Director of National Intelligence, the Civil Liberties Protection Officer ensures that privacy and civil liberties protections are appropriately addressed in the policies and procedures of intelligence agencies; oversees compliance by the ODNI with privacy and civil liberties in programs and operations administered by the ODNI; and ensures that the use of technology sustains, and does not erode, privacy.

In addition, the DNI designated Joel to serve as the Chief Transparency Officer in 2015. In that capacity, he chairs the Intelligence Transparency Council, and leads and coordinates the IC’s efforts to enhance transparency. Part of this role is to promote and support the IC-wide adoption of the Principles of Intelligence Transparency for the Intelligence Community. They are intended to facilitate IC decisions that enhance public understanding of intelligence activities, while continuing to protect information when disclosure would harm national security. The Transparency Implementation Plan outlines the approach to transparency.




What’s New


Last summer, the Computer Science and Telecommunications Board convened a workshop to bring together segments of the intelligence community, academia and the private sector. The purpose of the workshop was to advance dialogue in several main areas, including the privacy implications of emerging technologies; various public and personal attitudes toward privacy; and ethical approaches to data collection.
 
The National Academies of Science published the results of the two-day workshop in the booklet “Privacy Research and Best Practices: Summary of a Workshop for the Intelligence Community.”


Last year, continuing the trend of increased transparency in the intelligence community, the DNI announced the establishment of the Principles of Intelligence Transparency for the Intelligence Community. These principles, along with the Intelligence Transparency Implementation Plan,  address and acknowledge that the public’s continued trust and support can only be achieved by the IC’s continued commitment to transparency.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of Civil Liberties, Privacy and Transparency - What We Do

Tuesday, January 03, 2012

Office of Civil Liberties, Privacy and Transparency

What We Do

Drawing on a broad legal and policy framework, and in concert with partner offices and institutions, the CLPT provides oversight, advice, guidance, education, and training. CLPT engages in public outreach and communication initiatives that foster awareness of how the IC accomplishes its intelligence mission while protecting Constitutional values.

The CLPT also reviews, assesses, and, where appropriate, investigates complaints and other information indicating possible abuses of civil liberties and privacy in the administration of ODNI programs and operations.


What’s New

Last summer, the Computer Science and Telecommunications Board convened a workshop to bring together segments of the intelligence community, academia and the private sector. The purpose of the workshop was to advance dialogue in several main areas, including the privacy implications of emerging technologies; various public and personal attitudes toward privacy; and ethical approaches to data collection.

The National Academies of Science published the results of the two-day workshop in the booklet “Privacy Research and Best Practices: Summary of a Workshop for the Intelligence Community.”

The Truth About Executive Order 12333

Civil Liberties and Privacy Guidance for Intelligence Community Professionals: Properly Obtaining and Using Publicly Available Information

This guidance, issued by the Office of the Director of National Intelligence - Office of Civil Liberties, Privacy and Transparency, is intended for personnel working in the United States Intelligence Community (IC) who obtain and/or use information that is available to the general public.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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