UPDATED 17:57 EST / FEBRUARY 28 2024

POLICY

Biden issues executive order protecting Americans’ data from countries of concern

U.S. President Joe Biden today signed an executive order that will block the bulk transfer of Americans’ personal data to countries of concern.

The White House announced the move today. Engadget reported that the countries of concern at the focus of the executive order are Russia, China, Iran, North Korea, Cuba and Venezuela. The executive order directs several federal agencies to create regulations that will prevent those countries from gaining access to sensitive data.

Researchers have shown that large amounts of personal information are readily available from data brokers, companies that specialize in selling consumer records. Last November, a Duke University study found that the records up for sale include information about military personnel. The authors of the study found data brokers often don’t have safeguards in place to prevent foreign agents from purchasing that information.

Today’s executive order covers multiple types of sensitive personal records. The list includes genomic, biometric, personal health, geolocation and financial data, as well as certain kinds of personally identifiable information. The order instructs the Department of Justice to issue new regulations that will prohibit the large-scale sale of such data to countries of concern.

Some of the new rules will place a particular emphasis on public sector information. The White House stated that they will “establish greater protection of sensitive government-related data, including geolocation information on sensitive government sites and information about military members.”

Another regulatory effort launched by the executive order will focus on blocking the sale of sensitive personal data “through other commercial means.” Those means are set to include investment, supplier and employment relationships, the White House said. The initiative will involve the Justice Department and the Department of Homeland Security.

In conjunction, the departments of Health and Human Services, Defense and Veterans Affairs will work to ensure no sensitive health information is made available to countries of concern via federal grants, contracts or awards. One of the effort’s goals will be to ensure bad actors can’t access such data through companies based in the U.S. 

Team Telecom, a government committee that reviews foreign participation in the U.S. telecommunications sector, is also set to support the new regulatory push. The executive order instructs the committee to consider potential risks to Americans’ personal information when reviewing applications for submarine cable licenses. The Consumer Financial Protection Bureau, in turn, will be encouraged to take steps against data brokers that illegally collect and sell sensitive data. 

Photo: Wikimedia Commons

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