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The Lawfare Podcast

Devin DeBacker and Lee Licata on the Biden Administration’s New Executive Order on Preventing Access to Americans' Bulk Sensitive Personal Data

Mar 13, 2024
Exploring the implications of Biden's Executive Order on preventing access to Americans' sensitive data, the podcast discusses the regulatory program under the International Emergency Economic Powers Act. It highlights the importance of protecting personal information online and delves into the exclusion and restriction of certain data transactions. The discussion also covers licensing, advisory opinions, and the rulemaking process in regulatory compliance.
44:06

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Quick takeaways

  • The executive order targets data transactions posing national security risks by restricting access to sensitive personal data from countries of concern.
  • The rulemaking process under the EO aims to balance national security concerns with maintaining vital cross-border data flows through licenses and exemptions.

Deep dives

National Security Focus of Executive Order on Data Regulation

The executive order aims to prevent adversaries from accessing sensitive personal data by targeting data transactions that pose national security risks. The program regulates categories like data brokerage transactions and genomic data transfers, prohibiting the transfer of sensitive data to countries of concern or covered persons. This targeted approach is designed to make it difficult for adversaries to acquire and weaponize personal data by closing the lawful access route.

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