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Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

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The Biden Administration issued an executive order authorizing the Department of Justice (DOJ) and other federal agencies to take steps to prevent “the large-scale transfer of Americans’ personal data to countries of concern.” It represents an effort by the administration to put more safeguards on the data broker industry and limit the ability of US adversaries to purchase granular data on American citizens.

The document further orders the:

  • The Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector (Committee) to "address, on an ongoing basis, the national security and law enforcement risks related to access by countries of concern to bulk sensitive personal data described in this order that may be presented by any new application or existing license reviewed by the Committee to land or operate a submarine cable system."
  • The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and the Director of the National Science Foundation "to consider taking steps, including issuing regulations, guidance, or orders... to prohibit the provision of assistance that enables access by countries of concern or covered persons to United States persons' bulk sensitive personal data, including personal health data and human genomic data."
  • The Director of the Consumer Financial Protection Bureau (CFPB) "to consider taking steps, consistent with CFPB's existing legal authorities, to address this aspect of the threat and to enhance compliance with Federal consumer protection law."
  • The Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, in consultation with the heads of relevant agencies, "recommend... appropriate actions to detect, assess, and mitigate national security risks arising from prior transfers of United States persons' bulk sensitive personal data to countries of concern."

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