Attorney General Merrick B. Garland expressed the need for the groundbreaking Executive Order, stating, “Our adversaries are exploiting Americans’ sensitive personal data to threaten our national security.”
Deputy Attorney General Lisa Monaco emphasized, “Today, we make clear that American citizens' sensitive and personal data is not for sale to our adversaries.”
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division highlighted the significance of the Executive Order, stating, “Hostile foreign powers are weaponizing bulk data and the power of artificial intelligence to target Americans.”
The Department of Justice is set to implement a new and targeted national-security program in response to the Executive Order issued by the President. This program will focus on preventing access to Americans’ bulk sensitive personal data and U.S. Government-related data by countries of concern.
In addition to addressing data-security risks, the Executive Order will enhance the Justice Department’s existing authorities concerning telecommunications infrastructure, the healthcare market, and consumer protection.
The National Security Division of the Justice Department will lead the implementation of the provisions outlined in the Executive Order. The program is expected to identify China, Russia, Iran, North Korea, Cuba, and Venezuela as countries of concern.
The Department plans to issue an Advance Notice of Proposed Rulemaking (ANPRM) to describe the initial categories of transactions involving bulk sensitive personal data and seek public feedback before implementing any regulations.
The Justice Department is committed to safeguarding Americans from countries that may attempt to collect and exploit their sensitive data. The program is designed to be a targeted national security measure, focusing on transactions with specific countries of concern.
The Department clarified that the Executive Order does not authorize data-localization requirements and exempts certain categories of data transactions, such as those related to financial services, to minimize unintended economic impacts.
The Department encourages public input through the rulemaking process to ensure the program remains carefully calibrated and aligns with the United States’ commitments to data flows, internet security, and international cooperation in scientific research.