Biden Executive Order To Protect Americans' Sensitive Personal Data

On February 28, 2024, President Biden issued Executive Order 14117 on Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern" (the "EO").The EO reflects the federal government's efforts to counteract the increased exploitation of Americans' sensitive personal data by countries significantly adverse to the national security of the U.S.

The EO directs the Department of Justice ("DOJ"), along with other federal agencies, to issue regulations that defend against large-scale transfer of "sensitive personal data" (i.e., personal identifiers, genetic and biometric information, geolocation, etc.) to certain countries of concern (potentially China, Russia, Iran, North Korea, Cuba, and Venezuela). Accordingly, in conjunction with the EO, the DOJ has released an Advanced Notice of Proposed Rulemaking ("ANPRM") – a preliminary step in the regulatory process – seeking public comment on various topics