President Donald J. Trump signed an Executive Order titled "Enhancing Public Safety in the Interior of the United States." The Order has sparked significant debate as to the effect on privacy rights of non-U.S. persons. Section 14 of the Executive Order provides that:

"Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information."

In a related memorandum, Cadwalader attorneys Steven Baker, Jenna Rennie and Janaki Tampi examined why, despite initial concerns raised over the Executive Order's exclusionary language, it should not have an immediate negative impact on the privacy protection arrangements between the EU and the US.

Commentary / Steven Baker

Continued uncertainty persists for EU and U.S.-based companies that are currently reliant on the provisions of the Privacy Shield to ensure their business operations comply with EU data protection requirements. Even though no immediate action is required, companies will need to carefully watch developments on both sides of the Atlantic.

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