DOJ Implementation And Enforcement Plans For The Sensitive Data Executive Order—What It Means For Organizations

On February 28, 2024, President Biden signed Executive Order 14117 (the "EO"), on "Preventing Access to Americans' Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern." The United States Department of Justice (DOJ) concurrently published an Advanced Notice of Proposed Rulemaking (the "ANPRM") to commence the process of establishing regulations that will effectuate the EO. This client alert describes the DOJ's focus on implementing and enforcing the new data security regime and its practical implications for the industry. Ankura published a companion client alert considering several of the EO and ANPRMs key elements.

"Moving Fast"

During a speech delivered on March 8, 2024, the DOJ's National Security Division (NSD) chief, Assistant Attorney General Matt Olsen, described the EO and ANPRM as a "groundbreaking" effort by the U.S. Government to build a national security data security regime "from the ground up." He stated