WASHINGTON– April 19, 2024 – The Global Data Alliance supports the efforts of the US Department of Justice (DoJ) to implement the White House Executive Order (EO) on Americans’ Bulk Sensitive Personal Data and US Government-Related Data, as reflected in GDA comments filed with DoJ today. GDA urges the US government to implement the EO in ways that do not inadvertently increase security risks or undermine privacy for Americans, particularly as Congress considers comprehensive privacy legislation. We also urge the US government to implement the EO in ways that safeguard other interests that require ongoing cross-border data visibility and access to information, including those relating to the environment, economic opportunity, health, human rights, safety, technological competitiveness, and US global leadership among allied democracies.
More specifically, GDA broadly supports DoJ’s planned publication in August 2024 of draft regulations relating to “government-related data transactions” and relating to “prohibited bulk data broker transactions,” subject to the resolution of other legal questions raised in GDA’s comments. As regards “prohibited genomic data transactions,” for example, we urge DoJ to take steps to ensure that any proposed regulations are focused on demonstrated national security risks.
In the context of “restricted transactions,” the GDA has serious concerns regarding the civil rights, cyber, privacy, security, and other legal implications of the DoJ’s proposed approach. For these transactions, we urge DoJ to take additional time to develop an effective regulatory framework to address national security-related risks associated with “restricted transactions,” while accounting for these legal, civil rights, and feasibility concerns. GDA commits to work with DoJ to identify alternative, safer approaches to meet DoJ’s stated objectives.