Last week, President Biden issued an Executive Order (EO) to Protect Americans’ Sensitive Personal Data from exploitation from countries deemed to pose a threat to data security. This announcement marks a significant step towards safeguarding the privacy of personal data.
The EO aims to prevent the exploitation of sensitive personal data, including genomic, biometric, health, geolocation, financial, and personally identifiable information, by countries of concern. White House officials said the US Attorney General would consult with the Departments of State and Commerce to finalise the list of countries. However, a tentative list given to reporters last week included China, Cuba, Iran, North Korea, Russia, and Venezuela.
The EO creates a series of initiatives designed to support its overarching aim. It authorises the Department of Justice to establish data regulations and safeguards for commercial activities to prevent access by countries of concern. It also directs the Departments of Health and Human Services, Defense, and Veterans Affairs to ensure Federal grants, contracts, and awards do not facilitate access to sensitive health data. Furthermore, it instructs the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector to consider threats to data in submarine cable licence reviews.
As part of the announcement, President Biden urges Congress to pass comprehensive bipartisan privacy legislation that promotes data security, particularly around child safety. The EO also states that the Biden Administration will continue to pursue stakeholder engagement to ensure a balanced approach. Ensuring a well-rounded response to achieving the objectives of the EO is paramount given the growing importance of data protection to wider security concerns.
For analysis and strategic support around regulatory compliance, as well as policy advocacy that encourages innovation while prioritising privacy, please contact Spencer Smith at [email protected], Trey Flowers at [email protected], and Erik Jacobs at [email protected].
