Onama establishes Federal Privacy Council as part of massive cyber effort (New Executive Order)

https://iapp.org/news/a/obama-establishes-federal-privacy-council-as-part-of-massive-cyber-effort/

As part of his 2017 budget proposal for the United States, President Barack Obama is including $19 billion for cybersecurity efforts, a 35-percent increase over fiscal year 2016. The funds will go toward a Cybersecurity National Action Plan, which includes the hiring of a chief information security officer, a $3.1 billion fund for IT modernization at the federal level, and, perhaps most importantly for privacy professionals, a new executive order establishing a permanent Federal Privacy Council, as announced by Office of Management and Budget Director Shaun Donovan in December.

A White House release says the new council is part of â€œa groundbreaking effort to enhance how agencies across the federal government protect the privacy of individuals and their freedom. Privacy has been core to our nation from its inception, and in todayâ€™s digital age safeguarding privacy is more critical than ever.â€

Underscoring the importance of the cyber effort as a whole, President Obama announced his cyber plan with an op-ed in The Wall Street Journal, where privacy received prominent mention in the first paragraph:

Â Â Â More than any other nation, America is defined by the spirit of innovation, and our dominance in the digital world gives us a competitive advantage in the global economy. However, our advantage is threatened by foreign governments, criminals and lone actors who are targeting our computer networks, stealing trade secrets from American companies and violating the privacy of the American people.

The presidentâ€™s executive order builds on and reinforces these high-level policy goals. â€œThe proper functioning of government requires the publicâ€™s trust,â€ it reads, â€œand to maintain that trust the government must strive to uphold the highest standards for collecting, maintaining, and using personal data. Privacy has been at the heart of our government from its inception, and we need it now more than ever.â€

However, the speed of technological innovation and the increasingly global marketplace â€œrequire that we find even more effective and innovative ways to improve the governmentâ€™s effortsâ€ in managing privacy, the president writes. And they â€œdemand leadership and enhanced coordination and collaboration among a diverse group of stakeholders and experts.â€

Thus, the details of the executive order. It dictates that, within 120 days, Donovan, the director of OMB, will issue a new policy on the role of senior agency officials for privacy (SAOPs, for short). Then, each government agency head will designate (or re-designate) a new SAOP â€œwith the experience and skills necessary to manage an agency-wide privacy program.â€

Finally, there is the Federal Privacy Council, which the executive order formally establishes, with the deputy director for management of the OMB as its chair (Andrew Mayock was nominated for the post in December, but doesn't appear to have been confirmed yet). The members of the council will be the SAOPs from 24 separate government agencies, including everyone from the Department of Homeland Security to the National Science Foundation and the Environmental Protection Agency. These members will be tasked with three essential duties:

Â Â Â Develop recommendations for federal privacy policies. Â Â Â Coordinate best practices and share ideas. Â Â Â Recommend plans for hiring, training, and providing professional development for federal employees in the privacy arena.

The Privacy Council will also coordinate closely with the Federal Chief Information Officers Council, along with other councils and groups, like the Chief Financial Officers Council, the Domestic Policy Council, and many others.

Karen Neuman, chief privacy officer at the Department of Homeland Security, and thus likely her agencyâ€™s SAOP, will be among the first group to sit on the Federal Privacy Council. In an interview with The Privacy Advisor, she praised the efforts of OMB Senior Advisor for Privacy Marc Groman, CIPP/US, along with her Deputy CPO at DHS, Jonathan Cantor, CIPP/US, CIPP/G, in getting the council established and framing its structure and goals. Groman, especially, she said, has â€œaccomplished a lotâ€ in his short time since re-joining the federal government after his time heading up the Network Advertising Initiative, which followed his role as CPO of the Federal Trade Commission and a number of other federal roles.

â€œOne of the biggest accomplishments,â€ she said, â€œis that [the privacy council] really elevates the privacy enterprise throughout the federal government in a manner thatâ€™s consistent and allows privacy professionals to engage with leadership in a way thatâ€™s really necessary. â€¦ They need to be forward thinking about how theyâ€™re going to address privacy and really be innovative in the way that they do so. The council is a logical way to accomplish that.â€

Neuman said sheâ€™s looking forward to sharing best practices and standardizing the way each agency attacks the many privacy issues they face on a daily basis, â€œeven at the level of hiring accomplished and qualified privacy professionals and getting agency buy in.â€

Most importantly, Neuman said, â€œthis council will enable the federal privacy enterprise to enter the modern age. The federal government is operating under the auspices of some very old privacy law and interpretations of that law. â€¦ Technology is moving at lightning speed, and the way that people interact with that is moving equally fast, and the law just canâ€™t keep up. The council will be well positioned on how to weigh in on bringing those laws into the modern age and allowing privacy professionals to be agile in how they respond. Thatâ€™s one of the most crucial benefits of this council.â€

Quite simply, she said, Gromanâ€™s â€œaccomplishment is tremendous. This is a huge, huge achievement. Donâ€™t bury that lede.â€

Executive Order — Establishment of the Federal Privacy Council | whitehouse.gov

https://www.whitehouse.gov/the-press-office/2016/02/09/executive-order-establishment-federal-privacy-council

The White House
Office of the Press Secretary
For Immediate Release
February 09, 2016
Executive Order — Establishment of the Federal Privacy Council

EXECUTIVE ORDER

- - - - - - -

ESTABLISHMENT OF THE FEDERAL PRIVACY COUNCIL

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. The mission of the United States Government is to serve its people. In order to accomplish its mission, the Government lawfully collects, maintains, and uses large amounts of information about people in a wide range of contexts. Protecting privacy in the collection and handling of this information is fundamental to the successful accomplishment of the Government’s mission. The proper functioning of Government requires the public’s trust, and to maintain that trust the Government must strive to uphold the highest standards for collecting, maintaining, and using personal data. Privacy has been at the heart of our democracy from its inception, and we need it now more than ever.

Executive departments and agencies (agencies) already take seriously their mission to protect privacy and have been working diligently to advance that mission through existing interagency mechanisms. Today’s challenges, however, require that we find even more effective and innovative ways to improve the Government’s efforts. Our efforts to meet these new challenges and preserve our core value of privacy, while delivering better and more effective Government services for the American people, demand leadership and enhanced coordination and collaboration among a diverse group of stakeholders and experts.

Therefore, it shall be the policy of the United States Government that agencies shall establish an interagency support structure that: builds on existing interagency efforts to protect privacy and provides expertise and assistance to agencies; expands the skill and career development opportunities of agency privacy professionals; improves the management of agency privacy programs by identifying and sharing lessons learned and best practices; and promotes collaboration between and among agency privacy professionals to reduce unnecessary duplication of efforts and to ensure the effective, efficient, and consistent implementation of privacy policy Government-wide.

Sec. 2. Policy on Senior Agency Officials for

Privacy. Within 120 days of the date of this order, the Director of the Office of Management and Budget (Director) shall issue a revised policy on the role and designation of the Senior Agency Officials for Privacy. The policy shall provide guidance on the Senior Agency Official for Privacy’s responsibilities at their agencies, required level of expertise, adequate level of resources, and other matters as determined by the Director. Agencies shall implement the requirements of the policy within a reasonable time frame as prescribed by the Director and consistent with applicable law.

Sec. 3. Responsibilities of Agency Heads. The head of each agency, consistent with guidance to be issued by the Director as required in section 2 of this order, shall designate or re-designate a Senior Agency Official for Privacy with the experience and skills necessary to manage an agency-wide privacy program. In addition, the head of each agency, to the extent permitted by law and consistent with ongoing activities, shall work with the Federal Privacy Council, established in section 4 of this order.

Sec. 4. The Federal Privacy Council.

(a) Establishment. There is hereby established the Federal Privacy Council (Privacy Council) as the principal interagency forum to improve the Government privacy practices of agencies and entities acting on their behalf. The establishment of the Privacy Council will help Senior Agency Officials for Privacy at agencies better coordinate and collaborate, educate the Federal workforce, and exchange best practices. The activities of the Privacy Council will reinforce the essential work that agency privacy officials undertake every day to protect privacy.

(b) Membership. The Chair of the Privacy Council shall be the Deputy Director for Management of the Office of Management and Budget. The Chair may designate a Vice Chair, establish working groups, and assign responsibilities for operations of the Privacy Council as he or she deems necessary. In addition to the Chair, the Privacy Council shall be composed of the Senior Agency Officials for Privacy at the following agencies:

(i) Department of State;

(ii) Department of the Treasury;

(iii) Department of Defense;

(iv) Department of Justice;

(v) Department of the Interior;

(vi) Department of Agriculture;

(vii) Department of Commerce;

(viii) Department of Labor;

(ix) Department of Health and Human Services;

(x) Department of Homeland Security;

(xi) Department of Housing and Urban Development;

(xii) Department of Transportation;

(xiii) Department of Energy;

(xiv) Department of Education;

(xv) Department of Veterans Affairs;

(xvi) Environmental Protection Agency;

(xvii) Office of the Director of National Intelligence;

(xviii) Small Business Administration;

(xix) National Aeronautics and Space Administration;

(xx) Agency for International Development;

(xxi) General Services Administration;

(xxii) National Science Foundation;

(xxiii) Office of Personnel Management; and

(xxiv) National Archives and Records Administration.

The Privacy Council may also include other officials from agencies and offices, as the Chair may designate, and the Chair may invite the participation of officials from such independent agencies as he or she deems appropriate.

(i) develop recommendations for the Office of Management and Budget on Federal Government privacy policies and requirements;

(ii) coordinate and share ideas, best practices, and approaches for protecting privacy and implementing appropriate privacy safeguards;

(iii) assess and recommend how best to address the hiring, training, and professional development needs of the Federal Government with respect to privacy matters; and

(iv) perform other privacy-related functions, consistent with law, as designated by the Chair.

(d) Coordination.

(i) The Chair and the Privacy Council shall coordinate with the Federal Chief Information Officers Council (CIO Council) to promote consistency and efficiency across the executive branch when addressing privacy and information security issues. In addition, the Chairs of the Privacy Council and the CIO Council shall coordinate to ensure that the work of the two councils is complementary and not duplicative.

(ii) The Chair and the Privacy Council should coordinate, as appropriate, with such other interagency councils and councils and offices within the Executive Office of the President, as appropriate, including the President’s Management Council, the Chief Financial Officers Council, the President’s Council on Integrity and Efficiency, the National Science and Technology Council, the National Economic Council, the Domestic Policy Council, the National Security Council staff, the Office of Science and Technology Policy, the Interagency Council on Statistical Policy, the Federal Acquisition Regulatory Council, and the Small Agency Council.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head thereof; or

(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA (the Destroyer ;n)

THE WHITE HOUSE,
February 9, 2016.

Observations:

1. Look at the timing of this Executive Order.
Issued on the same day all eyes are distracted by the New Hampshire Primaries.
He does seem to favor signing decrees on days when his subjects least expect it.

2. This executive order will ensure coordination of “privacy practices” between all federal agencies.
It’s Billion dollar + funding will establish specific internal policies, processes and procedures to classify and tag citizen data to of course, ensure our “privacy”.

It’s the funniest coincident that there’s a Sept 15 2015 Executive Order that just so happens to establish a massive Behavioral Analysis gov’t interagency program for sharing all citizen data.
To better deliver gov’t services, of course.

More on that:
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