Updates

EPIC, Coalition Urge Congress Restore Privacy Oversight Board’s Independence from White House

February 3, 2025

On February 3, EPIC joined over 26 civil society organizations in demanding that Congress re-double its oversight activities to ensure that the Privacy and Civil Liberties Oversight Board (PCLOB) retains its independence and continues its work free from White House interference.

The PCLOB is an independent agency within the Executive Branch and is responsible for ensuring that the government’s counterterrorism activities are carried out consistent with the need to protect privacy and civil liberties. No basis has been offered to justify these firings, and their legality is questionable. Without a quorum of at least 3 active members, the Board is unable to carry out its integral advisory and oversight functions.

Furthermore, the Board’s independent role is a core part of the legal basis for the current EU-U.S. Data Privacy Framework. The Data Privacy Framework is a legal mechanism that forms the basis for data transfers between the U.S. and the European Union (EU). Significantly, the addition of the Board as an oversight mechanism is one of the only meaningful differences between the Data Privacy Framework and Privacy Shield – the previous cross border data transfer agreement that was struck down because of the lack of independent oversight.

Congress must reconstitute the Board and further shield it from White House Interference so it can again perform its vital work protecting Americans’ rights and guarding against improper surveillance.

EPIC has been a proponent of empowering the Board to conduct meaningful oversight of government surveillance since its inception. To address this issue, EPIC called on Congress to pause confirmations of intelligence agency personnel until the White House nominates a full slate of bipartisan board members. EPIC previously urged the Board to conduct a review of surveillance under Executive Order 12333. In 2020, EPIC and a coalition of 40 organizations urged the PCLOB to recommend suspending face surveillance across the federal government. In 2022, EPIC urged the Board to investigate fusion centers and federal agency’s use of aerial surveillance. Finally, EPIC engages with past and current members of the Board, including Travis LeBlanc who is a member of EPIC’s advisory board.

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