National Security Exception

An exemption from privacy law requirements for activities related to national security, defense, or public safety. Most privacy laws include national security exceptions recognizing that protecting citizens from security threats may require data processing that wouldn't otherwise be permitted. GDPR allows member states to restrict certain rights for national security purposes. U.S. privacy laws often exempt national security activities. However, national security exceptions are contentious because they can be broadly interpreted, lack transparency, and create tension between security and privacy. The Schrems II decision invalidating Privacy Shield partly concerned U.S. national security access to data. Organizations should understand that national security exceptions don't give them exemptions—these exceptions typically apply to government activities, not private sector operations. Businesses may receive national security-related government requests but must still comply with privacy laws for their own activities. National security exceptions remain areas of legal evolution and international tension.