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Writer's picturemcs4597xlens Michelle Crawford-Sapenter

Biden Signs Executive Order To Prevent Countries of Concern Gaining Access To Americans' and Government's Sensitive Personal Data


POLITICS: On Wednesday, US President Joe Biden issued a notice to Congress involving the plans for 'Preventing access to American Bulk Sensitive Personal Data & US Government Related Data by Countries of Concern. The message forwarded to Congress contained comments that are pursuant to the International emergency Economic Powers Act. Sections 50USC; 1701 et seq., the National Emergencies Act, 1601 et seq. and 301 of the US Codes. Biden declared Executive Order 13873 basing the decision on the statutes which, hitherto, expanding the scope of national emergency as established in Executive Order 13873 signed in 2019.

By Michelle Crawford-Sapenter

Today, President Biden's decision reaches Congress following much deliberation. Biden has determined the urgent need to address the former declaration for reviewing any purpose for continuing to provide specified countries "...access to American's sensitive personal data," Biden stated that such an event poses a clear and direct threat to Americans and to National Security and the foreign policy ofthe US. Biden states that any access to government related bulk data provides for any country of concern the ability to engage in a wide range of malicious activities. President Biden cited activities that pose a threat to the National Security and that of the public and government including such forms of invasive activities as espionage, kinetic or cyber operations and, also, providing for an opportunity for extra-national sources to access strategic advantages over the United States. Biden's executive Order will give the US Attorney General and Homeland Security the authority to issue decrees, subject to public notice, any regulations that prohibit the "large-scale..." transfer of Americans personal data to countries of concern. The department of DHS and the Attorney General are, also, authorized to provide safeguards that will that encompass other activities that have the proclivity to extend to countries of concern the ability to access sensitive data. Both DHS and DOJ officials will coordinate efforts to "...consult with heads of agencies to propose, seek and publish security requirements." Each of the department will assess the risks that may be posed by the unacceptable access to restricted transactions as identified by the Attorney General. DHS and DOJ will promulgate rules , regulations and standards associated with the prevention of sharing American's sensitive personal data.


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