[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3493-3494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01990]
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DEPARTMENT OF JUSTICE
[Attorney General Order No. 4381-2019]
Judicial Redress Act of 2015; Attorney General Designations
AGENCY: Office of the Attorney General; United States Department of
Justice.
ACTION: Notice of designation by the Attorney General of a ``covered
country.''
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SUMMARY: In accordance with the Judicial Redress Act of 2015, relating
to the extension of certain Privacy Act remedies to citizens of
designated countries, notice is given that the Attorney General has
designated the United Kingdom as a ``covered country.''
DATES: The designation herein is effective on April 1, 2018, the date
the U.S.-EU Data Protection and Privacy Agreement becomes applicable to
the United Kingdom.
FOR FURTHER INFORMATION CONTACT: Thomas Burrows, Associate Director,
Office of International Affairs, Criminal Division, United States
Department of Justice, 1301 New York Avenue, Suite 900, Washington, DC
20005, 202-514-0080.
SUPPLEMENTARY INFORMATION: On February 1, 2017, an executive agreement
entered into force between the United States (``U.S.'') and the
European Union (``EU'') (collectively, ``Parties'') for the protection
of personal information relating to the prevention, investigation,
detection, and prosecution of criminal offenses. The agreement,
commonly known in the United States as the Data Protection and Privacy
Agreement (``DPPA''), establishes a set of protections that the Parties
are to apply to personal information exchanged for the purpose of
preventing, detecting, investigating, or prosecuting criminal offenses.
Article 19 of the DPPA establishes an obligation for the Parties to
provide, in their domestic law, specific judicial redress rights to
each other's citizens. The Judicial Redress Act, Public Law 114-126,
130 Stat. 282 (5 U.S.C. 552a note), is implementing legislation for
Article 19.
Under Article 27 of the DPPA, Denmark, Ireland, and the United
Kingdom (``UK'') are excluded from the Agreement unless the European
Commission (``EC'') notifies the U.S. that those countries have decided
that the Agreement shall apply to them. Such notice was provided for
Ireland in January 2017, and it was designated at the same time as 25
other EU members.
On March 9, 2018, the EC notified the U.S. that the DPPA shall
apply to the UK as of April 1, 2018. The U.S., under the terms of the
DPPA, is therefore required to provide certain judicial redress rights
to citizens of the UK as of April 1, 2018.
Determinations and Designations Pursuant to Section 2(d)(1)
For purposes of implementing section 2(d)(1) of the Judicial
Redress Act:
[[Page 3494]]
(1) The Attorney General has determined that the UK has entered
into an agreement with the U.S. that provides for appropriate privacy
protections for information shared for the purpose of preventing,
investigating, detecting, or prosecuting criminal offenses; to wit, the
DPPA;
(2) The Attorney General has determined that the UK permits the
transfer of personal data for commercial purposes between its territory
and the territory of the U.S., through an agreement with the U.S. or
otherwise;
(3) The Attorney General has certified that the policies regarding
the transfer of personal data for commercial purposes and related
actions of the UK do not materially impede the national security
interests of the U.S.; and
(4) The Attorney General has obtained the concurrence of the
Secretary of State, the Secretary of the Treasury, and the Secretary of
Homeland Security to designate the UK as a ``covered country.''
(5) The UK has been designated as a ``covered county,'' effective
on April 1, 2018, the date of the DPPA's entry into force with respect
to the UK.
Determinations and Designations Pursuant to Section 2(e)(1)
For purposes of implementing section 2(e)(1) of the Judicial
Redress Act:
(1) The Attorney General has determined that information exchanged
by the Federal agencies and components specified in 82 FR 7860 (Jan.
23, 2017) with the UK is within the scope of the DPPA; and
(2) The Attorney General has obtained the concurrence of the head
of the relevant agency, or of the head of the agency to which the
component belongs, as needed, for the ``designated Federal agency or
component'' designations specified in 82 FR 7860 (Jan. 23, 2017).
Non-Retroactivity
No cause of action shall be afforded by the Judicial Redress Act
retroactively with respect to any record transferred from the UK prior
to the date of the DPPA's entry into force with respect to the UK, on
April 1, 2018.
Non-Reviewable Determination
In accordance with section 2(f) of the Judicial Redress Act, the
determinations by the Attorney General described in this notice shall
not be subject to judicial or administrative review.
Dated: February 6, 2019.
Matthew G. Whitaker,
Acting Attorney General.
[FR Doc. 2019-01990 Filed 2-11-19; 8:45 am]
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