Lexology March 14, 2024
Dechert LLP

On February 28, 2024, President Biden issued an Executive Order (“EO”) to address the supposed national security threat posed by certain countries’ attempts to access Americans’ sensitive personal data and U.S. Government-related data. The EO is the Biden Administration’s response to concerns about foreign powers and state-sponsored actors using sensitive personal data for intelligence collection and economic espionage.

The EO defines “sensitive data” to include biometric, financial, genomic, geolocation, and health data, among other personal identifiers. It directs the Attorney General, in consultation with the Secretary of Homeland Security and other heads of relevant agencies, to issue proposed rules within 180 days that would restrict U.S. persons from engaging in bulk data transactions with foreign countries or nationals that meet...

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