ODNI Releases Framework for Commercially Available Information

May 10, 2024

On May 8, the Office of the Director of National Intelligence (ODNI) released its framework for commercially available information. The new framework sets out guidelines for intelligence agencies’ purchase and use of commercial data, but does not restrict the types of data—such as location or web browsing information—agencies may purchase. The framework responds to a partially declassified report on the Intelligence Community’s (IC) purchase of commercially available information, released last year in response to EPIC’s FOIA request and pressure from Senator Ron Wyden. It also follows on the recent passage of the Fourth Amendment Is Not For Sale Act in the House, which would prohibit intelligence agencies and law enforcement from purchasing Americans’ sensitive data without a court order.

Chris Baumohl, EPIC Law Fellow:

“For too long, government agencies have tried to buy their way around our constitutional and statutory protections using taxpayer money. This new framework—if implemented effectively—is an improvement over agencies’ current exploitation of the data broker loophole. However, it is not a replacement for Congress passing legislation that would close this loophole once and for all.”

EPIC, along with a coalition of over 100 civil society organizations, has called for the passage of legislation to close the data broker loophole.

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