The Justice Department takes action to shield Americans’ data from foreign threats with a groundbreaking executive order. Is the Biden admin actually doing something right?
At a Glance
- New executive order aims to prevent foreign adversaries from accessing sensitive American data
- Justice Department to implement regulations prohibiting risky data transactions
- Countries of concern include China, Russia, Iran, North Korea, Cuba, and Venezuela
- Measures protect genomic, biometric, health, and financial data from exploitation
- Public input sought through an Advance Notice of Proposed Rulemaking
Strengthening National Security Through Data Protection
In a decisive move to safeguard American interests, the Justice Department is set to implement a groundbreaking executive order addressing critical national security concerns. The order, titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and U.S. Government-Related Data by Countries of Concern,” targets the growing threat of foreign adversaries exploiting sensitive information for malicious purposes.
Attorney General Merrick B. Garland emphasized the urgency of this action, stating, “Our adversaries are exploiting Americans’ sensitive personal data to threaten our national security. They are purchasing this data to use to blackmail and surveil individuals, target those they view as dissidents here in the United States, and engage in other malicious activities. This Executive Order gives the Justice Department the authority to block countries that pose a threat to our national security from harvesting Americans’ most sensitive personal data—including human genomic data, biometric and personal identifiers, and personal health and financial data.”
The executive order specifically identifies China, Russia, Iran, North Korea, Cuba, and Venezuela as countries of concern. These nations have been singled out due to their history of engaging in cyber espionage and data exploitation activities that threaten U.S. national security. By focusing on these countries, the Justice Department aims to create a robust defense against the most pressing threats to American data integrity.
“Today, we make clear that American citizens’ sensitive and personal data is not for sale to our adversaries,” Deputy Attorney General Lisa Monaco said. “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.”
So, how will it work? Well, to enforce this executive order, the Justice Department will establish new national-security programming and implement regulations to prohibit or restrict data transactions that pose risks to national security. These measures will focus on protecting sensitive information, including genomic data, biometric identifiers, health records, and financial data from unauthorized access and exploitation by foreign entities.
Balancing Security and Economic Interests
While the primary focus is on enhancing national security, the Justice Department is mindful of the potential economic impacts of these new regulations. Certain data transactions, particularly those related to financial services, will be exempt to minimize disruptions to legitimate business activities. The department is committed to protecting Americans’ data while maintaining cross-border data flows and international cooperation essential for global commerce and innovation.
To ensure transparency and gather input from stakeholders, the Justice Department will issue an Advance Notice of Proposed Rulemaking (ANPRM).
Is the Biden admin…doing something right for once?