President Biden Issues Executive Order to Protect U.S. Sensitive Data

U.S. President Joseph R. Biden issued an Executive Order ("E.O.") authorizing the Attorney General to take actions to prevent the transfer of Americans’ personal data to countries of concern.

The E.O. requires:

• the Department of Justice to issue regulations that establish protections for Americans’ sensitive personal data (genomic data, biometric data, personal health data, geolocation data, financial data and certain kinds of personal identifiers) from access and exploitation by countries of concern.

• the DOJ to issue regulations that establish greater protection of sensitive government-related data, including geolocation information on government sites and information about military members.

• the DOJ and Homeland Security to set high security standards to prevent access by countries of concern to Americans’ data through commercial means, such as data available via investment, vendor and employment relationships.

• the Departments of Health and Human Services, Defense, and Veterans Affairs to help ensure that Federal grants, contract and awards are not used to facilitate access to Americans’ sensitive health data by countries of concern.

• the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector to consider the threats to Americans’ sensitive personal data in its reviews of submarine cable licenses.

In the E.O., President Biden warned of the increased use in the U.S. of certain connected software applications designed, developed, manufactured, or supplied by foreign adversaries, including China. He further warned that connected software applications on smartphones, tablets and computers can access and capture vast swaths of information from users, and that this data collection threatens to provide foreign adversaries with access to that information. (See also accompanying "Fact Sheet.")

The President directed the CFPB "to consider taking steps, consistent with CFPB’s existing legal authorities, to protect Americans from data brokers that are illegally assembling and selling extremely sensitive data, including that of U.S. military personnel."