Introduction
In response to ongoing threats to national security posed by unauthorized access to Americans’ sensitive personal data and United States Government-related data, President Biden has issued Executive Order 14117, expanding upon previous measures to safeguard against malicious activities by certain countries of concern.
Defining Terms and Preventing Access to Sensitive Data
The order aims to restrict access by countries of concern to bulk sensitive personal data and United States Government-related data when such access poses a significant risk to national security. Specific terms are defined to clarify the scope of the order, such as “access,” referring to various forms of interaction with data, and “bulk,” signifying a threshold amount of sensitive personal data. Additionally, “country of concern” identifies foreign governments with a history of conduct adverse to national security.
Regulating Transactions and Assessing Risks
In coordination with relevant agencies, the Attorney General is tasked with issuing regulations to prohibit or restrict transactions involving sensitive data. These regulations will target acquisitions, transfers, and other activities that may enable countries of concern to exploit data for malicious purposes. Assessments of national security risks associated with previous transfers of sensitive data to countries of concern will be conducted, with recommendations to mitigate these risks and enhance data security measures.
Ensuring Compliance and General Provisions
Entities operating within sectors vulnerable to data breaches, such as healthcare and telecommunications, will be subject to enhanced regulations. Measures will be implemented to prevent unauthorized access to sensitive personal health data and human genomic data. The order includes comprehensive definitions of terms relevant to data security and outlines general provisions to ensure consistency with existing laws and procedures.
Conclusion
Executive Order 14117 underscores the Biden administration’s commitment to protecting Americans’ sensitive data and national interests. By strengthening data security measures and regulating transactions involving sensitive data, the order aims to mitigate risks posed by malicious actors and safeguard national security. This executive order represents a proactive approach to addressing evolving threats in the digital age while promoting responsible data management practices.
