United States of America: Closed consultation on DOJ proposed Rule on Access to Americans’ Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern

On 19 April 2024, the Department of Justice (DOJ) closed the public consultation on the proposed Rule on Access to Americans’ Bulk-Sensitive Personal Data and Government-Related Data by Countries of Concern, implementing Executive Order 14117. Under the executive order, the DOJ is 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. Further, the proposed rule includes measures aimed at preventing access through alternative commercial channels, such as data obtained through investment, vendor, and employment connections. 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.