(FISA), the Privacy Act of 1974, and Executive Order 12333. This regulation is not intended to alter the rules applicable to U.S. persons in FISA, the Privacy Act, Executive Order 12333, or other applicable law.
Collection
Refining the Process for Collecting Signals Intelligence: The Agency shall participate in the United States Government (USG) policy processes for establishing SIGINT collection priorities and requirements.
- PPD-28 provides that the Agency must collect bulk SIGINT in certain circumstances in order to identify new or emerging threats and other vital national security information which is often hidden within the large and complex system of modern global communications. It also recognizes the privacy and civil liberties concerns raised when bulk SIGINT is collected. PPD-28 directs the Intelligence Community (IC) to assess the feasibility of alternatives that would allow the IC to conduct targeted SIGINT collection rather than bulk SIGINT collection. Accordingly, when engaging in SIGINT collection, the Agency should conduct targeted SIGINT collection activities rather than bulk SIGINT collection activities when practicable. SIGINT collection activities should be directed against specific foreign intelligence targets or topics through the use of discriminants (e.g., specific facilities, identifiers, selection terms, etc.) when practicable.
- Agency components shall consult with the Privacy and Civil Liberties Officer (PCLO) and the Executive Director of the Central Intelligence Agency (EXDIR) or their designees on novel or unique SIGINT collection activities, and any significant changes to existing SIGINT collection activities, to ensure that there are appropriate safeguards to protect personal information.
- The Agency shall, on an annual basis, review SIGINT priorities and requirements identified by the Agency and advise the Director of National Intelligence (DNI) whether each should be maintained, with a copy of the advice provided to the Assistant to the President and National Security Advisor (APNSA).
Excluded Activities: The above does not apply to SIGINT activities undertaken by the CIA in support of:
- human intelligence (HUMINT) operations;
- covert action;
- FBI predicated law enforcement investigations other than those conducted solely for purposes of acquiring foreign intelligence; or
- military operations in an area of active hostilities.
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