ExecutiveOrdersEO
EO 13719Executive OrderObama · D Quiet signal

Executive Order 13719

Establishment of the Federal Privacy Council

This executive order establishes the Federal Privacy Council as the principal interagency forum to coordinate federal privacy practices, and requires OMB to issue revised policy on Senior Agency Officials for Privacy within 120 days. It mandates designation of privacy officials across 24 major agencies and promotes sharing of best practices, workforce training, and coordination with existing interagency councils.

Federal Register Open PDF 81 FR 7687

Impact dates

  1. Agencies implement requirements of revised policy per Director's prescribed reasonable time frame

  2. OMB Director issues revised policy on Senior Agency Officials for Privacy

Key directives

  • Establish Federal Privacy Council as principal interagency privacy forum
  • OMB Director shall issue revised policy on Senior Agency Officials for Privacy within 120 days
  • Agency heads shall designate/re-designate Senior Agency Official for Privacy
  • Privacy Council shall develop recommendations for OMB on federal privacy policies
  • Privacy Council shall coordinate with CIO Council to avoid duplication
  • Privacy Council membership includes Senior Agency Officials for Privacy from 24 named agencies

Who is ordered

Timeline

Immediate

  • Establishment of Federal Privacy Council as legal entity
  • Deputy Director for Management of OMB designated as Chair

Near term (90d)

  • OMB Director must issue revised policy on Senior Agency Officials for Privacy (by June 8, 2016)
  • Agency heads must designate/re-designate Senior Agency Officials for Privacy

Long term

  • Ongoing coordination between Privacy Council and CIO Council
  • Implementation of workforce development recommendations
  • Potential government-wide privacy policy changes based on Council recommendations

Risks & tensions

  • No enforcement mechanism for independent agencies beyond encouragement (Sec. 5(c))
  • Subject to availability of appropriations may limit operational capacity (Sec. 5(b))
  • No private right of action created (Sec. 5(d))
  • Vague 'reasonable time frame' for agency implementation lacks specificity
  • Potential tension with CIO Council if coordination fails to prevent duplication
  • Privacy Council's recommendatory role to OMB may limit direct policy authority
Executive Order 13719: Establishment of the Federal Privacy Council · Executive Orders