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US Executive Order Targets Protection of Sensitive Data from Foreign Threats

US President Joe Biden issued an executive order to prevent large-scale transfers of Americans’ sensitive personal data to ‘certain countries of concern’ that have a track record of collecting and misusing American data.

On February 28, United States President Joe Biden issued an executive order to prevent large-scale transfers of Americans’ sensitive personal data to 'certain countries of concern' that have a track record of collecting and misusing American data. As per this order, the US Department of Justice will issue regulations to protect—genomic data, biometric data, personal health data, geolocation data, financial data, and certain kinds of personal identifiers— from being accessed and exploited by certain countries. The Department of Justice will also issue regulations to protect sensitive government-related data including geolocation information on sensitive government sites and information about military members. It will also work with the US Department of Homeland Security to prevent access by countries of concern to Americans’ data through other commercial means, such as data available via investment, vendor, and employment relationships. This restriction will apply to: Transactions that involve bulk sensitive personal data or United States Government-related data The class of transactions that pose an unacceptable risk to the national security of the United States A transaction that was initiated, is pending, or will be completed after the effective date of the regulations issued by the Attorney General (head of the Department of Justice) A transaction that does not qualify for an exemption or is not authorized by a license issued under the regulations to be issued by the Attorney General. A transaction that is not part of the provision of financial services, including banking, capital markets, and financial insurance services, or required for compliance with…

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