Restricting Data Access

• President Biden's executive order targets preventing "countries of concern" from accessing large amounts of sensitive personal and government-related data of Americans, highlighting the threat of using such data for malicious activities like espionage and cyber-operations.
• The order intends to block these nations from leveraging bulk data to improve their AI and technology capabilities, thereby posing a further threat to U.S. national security and foreign policy.

Balancing Security and Openness

• While aiming to curtail the risk to national security, the executive order also emphasizes the U.S. commitment to supporting open, global data flows crucial for international commerce, trade, and the vibrancy of a global economy.
• The order specifically avoids enforcing broad data localization or processing requirements in the U.S., ensuring minimal disruption to commercial activities and maintaining vital international relations.

Implementation and Enforcement

• The Attorney General, in coordination with the Secretary of Homeland Security and other relevant agencies, is tasked with issuing regulations to restrict or prohibit U.S. persons from engaging in transactions that involve sensitive data and pose a national security risk.
• These regulations will define and classify the types of transactions considered risky, identify countries of concern, establish security standards, and set forth mechanisms for licensing and exemptions.

Protecting Specific Data Types and Infrastructure

• Special attention is given to healthcare data, including genomic data, acknowledging the potential for countries of concern to abuse this information. Steps will be taken to protect such data from unauthorized access through Federal assistance programs and regulations.
• The order also addresses risks associated with data transmission infrastructure, such as submarine cables, which might facilitate unauthorized access to sensitive data by countries of concern.