United States of America: Signed Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data and US Government-Related Data by Countries of Concern

On 28 February 2024, the President of the United States signed the Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data and US Government-Related Data by Countries of Concern. The order is issued under the International Emergency Economic Powers Act (IEEPA), which gives the President the power to address exceptional threats to national security originating either entirely or partially from outside the United States. Under the executive order, the Department of Justice (DOJ) will be required to issue regulations to restrict the transfer of personal data and government-related data to countries of concern and establish safeguards to prevent access to sensitive data. The sensitive personal data include genomic, biometric, personal health, geolocation, financial data, and certain types of personally identifiable information. The sensitive government-related data include information about military members and geolocation of sensitive government sites. The DOJ can expand the definition of sensitive personal data and specify the combination of data that will be subject to transfer restrictions. Further, the order directs the DOJ and Homeland Security to adopt standards aimed at preventing access through alternative commercial channels, such as data obtained through investment, vendor, and employment connections. The Departments of Health and Human Services, Defense, and Veterans Affairs will be tasked with preventing Federal grants, contracts, and awards from enabling access to Americans' sensitive health data by countries of concern, and the Committee for the Assessment of Foreign Participation in the Telecommunications Services Sector will be required to assess threats when reviewing submarine cable licenses. The list of countries of concern announced by the DOJ in the notice of proposed rulemaking includes China (including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela.