On February 28th, the White House announced that President Biden has signed an executive order to restrict the mass sale of Americans' personal data to "countries of concern." According to reports by Reuters, these countries include Russia, North Korea, Cuba, and Venezuela, with officials also naming China and Iran among them. Further details are available in the original article.
The order underscores the risk of sensitive personal data being used to track and invade the privacy of U.S. citizens, including military personnel, through invasive surveillance, fraud, extortion, and other means. In an era where data on U.S. citizens is collected extensively, the legal sale or resale of this data to or by entities in countries of concern could aid foreign intelligence, military operations, or governments.
The sale of American data presents significant risks to privacy, counter-espionage, and national security, especially for those in military or national security roles. It could also allow these nations to collect information on a wide array of individuals, from activists to politicians, threatening the freedoms and civil liberties of Americans.
To counteract these threats, the executive order mandates:
- The Department of Justice to regulate the protection of Americans' sensitive data from access by countries of concern, covering genomic, biometric, health, location, financial data, and certain personal identifiers, preventing mass transfers to these nations.
- Strengthening protections around sensitive governmental data, including locations and military personnel details.
- Collaboration between the Department of Justice and Homeland Security to set high security standards, preventing data access through commercial avenues like investments and employment.
- Federal agencies, including Health and Human Services, Defense, and Veterans Affairs, to ensure their funding does not facilitate these countries' access to sensitive health information.
- The Telecom Team to assess threats to personal data in submarine cable license reviews.
- Maintenance of necessary information flows for financial services, avoiding actions that would sever broader economic, scientific, and trade ties.
The White House describes this as a significant step in safeguarding Americans' data privacy. The specific implementation by the Department of Justice, especially concerning the data brokerage industry, remains to be seen. Future in-depth analysis from Kaamel is anticipated.
