DoJ to implement E.O. targeting data security for personal, government-related info

WASHINGTON, D.C. – On Feb. 28, 2024, the Biden-Harris Administration issued an executive order (E.O.) directing the U.S. Department of Justice (DOJ) to address national security risks regarding foreign entities accessing personal and government-related data.

The order will see the DoJ implementing provisions outlined in the document on behalf of the attorney general targeting entities listed as countries of concern (China, Russia, Iran, North Korea, Cuba, and Venezuela) under the program. As a result, the National Security Division will issue an Advance Notice of Proposed Rulemaking (ANPRM) describing the initial categories of transactions involving bulk sensitive personal data or certain U.S. Government-related data as outlined in the E.O. and seeking public comment on items the Department of Justice contemplates regulating, including prohibitions on data brokerage and transfers of genomic data, and restrictions on vendor, employment, and investment agreements.

“Today, we make clear that American citizens' sensitive and personal data is not for sale to our adversaries,” said Deputy Attorney General Lisa Monaco. “The Justice Department has long focused on preventing threat actors from stealing data through the proverbial back door. This executive order shuts the front door by denying countries of concern access to Americans’ most sensitive personal data.”

The DoJ wrote that the E.O. and contemplated program also exempt certain categories of data transactions, such as those ordinarily incident to financial services, in order to allow low-risk commercial activity to continue unimpeded and to minimize unintended economic impacts on businesses and markets.

“Hostile foreign powers are weaponizing bulk data and the power of artificial intelligence to target Americans,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Today’s announcement fills a key gap in our national security authorities, affording the Justice Department a new and powerful enforcement tool to protect Americans and their most sensitive information from being exploited by our adversaries.”

Reporting by Reuters suggested that the crackdown targeted certain Chinese companies from acquiring U.S. citizens' genetic data. The prospect of which has possible repercussions not only regarding biological warfare but biometric security and fintech security concerns.

You can read the executive order in its entirety online at www.whitehouse.gov.