What new powers would US Justice Department gain over foreign data access?

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US Justice Department Could Gain Broad Authority Over Foreign Access to American Data

A draft executive order being reviewed by the Biden administration proposes granting the Department of Justice significant new powers to block foreign adversaries, such as China, from accessing sensitive personal data of US citizens. This initiative aims to bolster national security by preventing the transfer of US health and personal data to entities controlled by or directed by foreign adversaries. The proposed order would empower the US Attorney General to review and potentially prohibit commercial transactions involving data access if they pose an undue risk to national security.
Authority to Bar Data Transactions

The draft order would grant the US Attorney General, currently Merrick Garland, the explicit authority to scrutinize commercial transactions that involve the sale or access to American personal data. If these transactions are deemed to present an unacceptable risk to national security, the Attorney General would be able to bar them. This provision reflects a heightened concern within the administration regarding the potential misuse of sensitive data by foreign adversaries.
Preventing Federal Funding of Data Transfers

Beyond commercial transactions, the proposal also targets federal funding that could indirectly support the transfer of US persons' health, health-related, or biological data to foreign adversaries. The Department of Health and Human Services (HHS) would be directed to develop a rule to ensure that federal assistance, including grants and awards, does not facilitate such data transfers to entities owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries. This measure aims to close a potential loophole where federal funds could inadvertently aid in the acquisition of sensitive American data.
Enforcement of Prior Executive Orders

Furthermore, the new draft order would provide the Department of Justice with express authority to monitor compliance with and enforce prohibitions, licenses, or mitigation agreements established under previous executive orders. This would include supporting the authority already granted to the Secretary of Commerce, thereby creating a more cohesive and robust framework for addressing national security risks associated with foreign access to American data. The Secretary of Commerce would also be tasked with identifying which classes of transactions are prohibited and which are exempt.

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What new powers would US Justice Department gain over foreign data access?

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