Unpacking the Security Implications of the New Bulk Data Executive Order

Brian Lichter, Adam Hickey, Sam Singer, Eric Johnson

On February 28, 2024, the White House issued a new executive order that seeks to limit certain foreign governments’ ability to collect certain sensitive data of US persons and government data.  The EO and the associated Advance Notice of Proposed Rulemaking envision the imposition of a broad new regulatory regime overseen by the DOJ, which may have authority to impose criminal and civil penalties.  Complying with this new regime may require organizations to balance business, legal, and security risks, particularly for companies that have operations in China.  This panel will explore the contours of the EO and proposed regulatory regime, steps companies may take to enable legal compliance, and security implications, notably with respect to the protection of covered US person data.

Brian Lichter, VP, Engagement Management, Aon
Adam Hickey, Partner, Mayer Brown
Sam Singer, Chief Counsel, Cybersecurity, Boeing
Eric Johnson, Principal Deputy Chief, Foreign Investment Review Section, National Security Division, U.S. Department of Justice

Reading Materials:

President Biden Issues Executive Order Empowering Doj To Regulate The Export Of Sensitive Personal Data

National Security Division; Provisions Regarding Access to Americans’ Bulk Sensitive Personal Data and Government-Related Data by Countries of Concern

Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

FACT SHEET: Justice Department Will Issue Advance Notice of Proposed Rulemaking Following Forthcoming Groundbreaking Executive Order Addressing Access to Americans’ Bulk Sensitive Personal Data by Countries of Concern