Intelligence Community Directive 126 - Implementation Procedures for the Signals Intelligence Redress Mechanism under Executive Order 14086

Executive Order 14086 established a new process for individuals to seek redress regarding alleged covered violations of law with respect to signals intelligence activities concerning their data that has been transferred from a qualifying state to the United States. Intelligence Community Directive 126: Implementation Procedures for the Signals Intelligence Redress Mechanism under Executive Order 14086 specifies the process by which qualifying complaints may be transmitted by an appropriate public authority in a qualifying state pursuant to Executive Order 14086. Additionally, and pursuant to the same Executive Order, this Directive authorizes and sets forth the process through which the ODNI Civil Liberties Protection Officer (CLPO) shall investigate, review, and, as necessary, order appropriate remediation for a covered violation regarding qualifying complaints; communicate the conclusion of such investigation to the complainant through the appropriate public authority in a qualifying state and in a manner that protects classified or otherwise privileged or protected information; and provide necessary support to the U.S. Data Protection Review Court.

Section E.1.c and E.1.d of the Directive detail the requirements necessary for a complaint to constitute a qualifying complaint. Pursuant to the Executive Order, complainants seeking to use this redress process may not submit complaints directly to the CLPO, but must instead file their complaint with the appropriate public authority of a qualifying state who will verify both the sufficiency of the complaint and the identity of the complainant. The Attorney General designates pursuant to the Executive Order which countries or regional economic integration organizations are “qualifying states.” Qualifying states must designate an appropriate public authority for the submission of a complaint. Further information will be provided through this website once qualifying states and their appropriate public authorities have been designated.