Establishment of the Federal Privacy Council

Executive Order 13719 of February 9, 2016

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:

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

(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.

    (c) Functions. The Privacy Council shall:

(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.
    (c) Independent agencies are encouraged to comply
with the requirements of this order.
    (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.

    (Presidential Sig.)

THE WHITE HOUSE,

    February 9, 2016.