U.S. President Biden Issues Sweeping Executive Order to Safeguard Americans' Personal Data

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In a groundbreaking move, President Biden has issued an Executive Order aimed at shielding Americans' sensitive personal data from potential exploitation by nations of concern. This order, considered the most substantial executive action for data security in the nation's history, empowers the Attorney General to thwart large-scale transfers of personal data and implements safeguards against activities providing access to sensitive information.

The Executive Order targets an array of personal and sensitive data, including genomic and biometric data, personal health information, geolocation data, financial records, and specific personally identifiable details. The concern lies in bad actors utilizing this data to surveil Americans, including military personnel, intruding into their private lives, and sharing the information with data brokers and foreign intelligence services, thereby posing risks of surveillance, scams, blackmail, and privacy violations.

President Biden is directing various government departments to establish robust protections. The Department of Justice will issue regulations guarding Americans' sensitive personal data from access and exploitation by countries of concern. These safeguards extend to genomic and biometric data, personal health records, geolocation details, financial data, and certain personal identifiers.

The Department of Justice will also establish enhanced protections for sensitive government-related data, including information on military members and geolocation data on sensitive government sites. Cooperation between the Departments of Justice and Homeland Security will set high security standards to prevent access by countries of concern through commercial means.

Additionally, health-related departments will ensure that federal grants, contracts, and awards do not 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 will evaluate threats to Americans' data in its reviews of submarine cable licenses.

Importantly, these actions aim to protect national security, counterintelligence, and privacy risks, especially for those in the military or national security community. They align with the U.S.' longstanding support for the free flow of data and the commitment to an open Internet while urging Congress to pass comprehensive bipartisan privacy legislation, especially for the safety of children. The administration emphasizes a balanced approach, engaging with stakeholders to ensure privacy, safety, competition, labor, and human rights are appropriately considered in the implementation of these measures.