On February 28, 2024, United States President Joe Biden issued an “Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” that describes an unusual and extraordinary threat to the national security and foreign policy of the United States posed by the continuing effort of “certain countries of concern” to access sensitive personal data and U.S. Government-related data of Americans.
To address this threat, the Executive Order directed the Department of Justice (DOJ), in consultation with other agencies, to issue regulations that prohibit or otherwise restrict U.S. persons from engaging in certain categories of transactions that involve U.S. Government-related data or bulk sensitive personal data, pose an unacceptable national security risk of access by countries of concern or covered persons subject to their jurisdiction, and meet other criteria specified by the Order.
Concurrent with the issuance of the Executive Order, the Department’s National Security Division published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register to provide transparency and clarity about the intended scope of the program, and to solicit comments on its development and implementation. Interested persons may submit comments on the ANPRM at https://www.regulations.gov. Please follow the instructions for sending comments.
“Our adversaries are exploiting Americans’ sensitive personal data to threaten our national security,” Attorney General Merrick B. Garland said. “They are purchasing this data to use to blackmail and surveil individuals, target those they view as dissidents here in the United States, and engage in other malicious activities. This Executive Order gives the Justice Department the authority to block countries that pose a threat to our national security from harvesting Americans’ sensitive personal data.”
ClearStar is a global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar knows the importance of data security and holds numerous certifications that include Professional Background Screening Association (PBSA®) accreditation, SOC 2® Type 2 audit reports, International Organization for Standardization (ISO) standards, and Data Privacy Framework (DPF) compliance. To learn more about ClearStar, contact us.
© 2024 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.
Let's start a conversation
Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), identity theft, privacy, social media screening, and workplace violence.
At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
