On February 28, 2024, President Biden issued Executive Order 14117, directing the U.S. government to restrict certain transactions that could give countries of concern or covered persons access to Americans’ bulk sensitive personal data or specified U.S. government-related data. The order set national-security policy; a later Department of Justice (DOJ) final rule supplies the operative transaction categories, thresholds, exemptions and compliance duties.
What did Biden’s data privacy executive order do?
Executive Order 14117, titled “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern,” was issued on February 28, 2024. It directed the Attorney General, working with the Department of Homeland Security and consulting other agencies, to establish regulations addressing transactions that pose an unacceptable national-security risk.
The concern is that access to sensitive data could support espionage, blackmail, cyber operations, profiling or other malicious activity. The order targets certain ways data can be made available—not every collection or use of personal information—and is not a general U.S. consumer privacy code.
The order also encourages the Consumer Financial Protection Bureau (CFPB) to use its existing consumer-protection authorities in relation to data brokers. CFPB Director Rohit Chopra noted that brokers can combine health, financial and travel information into detailed profiles. That direction is not itself a blanket prohibition on data brokers.
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What information and data-access routes are covered?
The policy concerns bulk sensitive personal data and certain U.S. government-related data. Sensitive categories identified in the order include:
- Human genomic and other “omic” data
- Biometric identifiers
- Personal-health data
- Precise geolocation data
- Personal-financial data
- Certain covered personal identifiers
The concern is not limited to a direct sale or transfer of a database. The order identifies potential access through data-brokerage arrangements, vendor agreements, employment agreements, investment agreements, network infrastructure, and healthcare or research relationships. Whether a particular transaction is covered depends on the implementing rule’s definitions, data-volume thresholds and other conditions.
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Which countries and people can be covered?
In its February 28, 2024, announcement, DOJ said it contemplated China, Russia, Iran, North Korea, Cuba and Venezuela as countries of concern. That announcement described the proposed direction at the time; it is not a substitute for the final rule’s operative country and covered-person designations. The rule identifies covered countries and persons, and those designations should be checked against current DOJ materials when assessing a transaction.
The order assigns implementation to DOJ’s National Security Division, with Homeland Security and other agencies supporting the program. Its reach can involve covered persons as well as a country connection; the relevant test is not simply where a company is incorporated or where a server sits.
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How does the DOJ final rule classify transactions?
DOJ announced the comprehensive final rule on December 27, 2024. It divides covered transactions into prohibited, restricted and exempt classes. The classification turns on the transaction, the data category and volume, and the relevant country or covered-person connection. The DOJ announcement describes the framework but does not provide the numerical thresholds or transaction-by-transaction tests needed to classify a specific arrangement.
| Class | What the classification means | Thresholds and transaction details | Compliance implications described by DOJ |
|---|---|---|---|
| Prohibited | The final rule bars transactions that fall within this class, subject to the rule’s terms and any applicable authorization. | Depends on the data category, bulk threshold, counterparty connection and transaction type; the applicable numerical tests are set out in the rule. | DOJ established a licensing process. Whether a license is available or appropriate depends on the rule and transaction; do not assume that every prohibited transaction can be licensed. |
| Restricted | The transaction is subject to conditions rather than treated as categorically prohibited. | Depends on the applicable data, volume, country or covered-person nexus and transaction category. | Security controls and associated due-diligence, reporting and audit obligations may apply under the rule. The rule also provides licensing and advisory-opinion processes. |
| Exempt | The final rule excludes specified transaction types from its restrictions, subject to the precise scope and conditions of each exemption. | Use the rule’s exemption language; a transaction does not qualify merely because it resembles an exempt category. | Exemptions identified by DOJ include personal communications, certain financial services, corporate-group transactions, authorized transactions, telecommunications, and medical-device and clinical-research activities. |
The categories are not simply three volume bands. A bulk threshold is one part of the rule’s analysis; the type of data, the transaction pathway and the counterparty’s connection to a country of concern can also matter. DOJ also established recordkeeping and reporting requirements and due-diligence obligations for covered activity. A business assessing a real arrangement should use the rule’s definitions and current guidance rather than infer coverage from the table alone.
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Does the order ban data brokers or ordinary commercial activity?
No blanket ban on data brokers follows from the order. It directs the CFPB to consider action under existing consumer-protection authorities, while the DOJ program restricts specified transactions that could expose covered data to countries of concern or covered persons.
Nor does the final rule broadly prohibit ordinary commercial transactions. It applies to the covered classes and provides exemptions, including the categories listed above. A transaction’s label—such as “vendor contract” or “research”—does not by itself establish that it is prohibited, restricted or exempt; the rule’s specific conditions control.
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Does the policy require data to be stored in the United States?
No. The order and final rule do not impose generalized data-localization requirements or require every computing facility handling covered data to be located in the United States. Their focus is access through specified transactions and connections, not a universal mandate to keep data or infrastructure on U.S. soil.
When did the DOJ rule take effect, and what do the 90-day and 270-day periods mean?
DOJ announced the final rule on December 27, 2024. The rule states that its general effective date is 90 days after publication. Certain affirmative due-diligence, reporting and auditing requirements take effect 270 days after publication.
Both periods run from publication, not automatically from the date DOJ announced the rule. The announcement date alone therefore does not establish the calendar date for either deadline. The 270-day period applies to the specified compliance requirements, not to every provision of the rule.
What should a person or business check before relying on an exemption?
For an organization handling potentially covered data, the practical task is to classify the actual transaction under the final rule rather than rely on a broad description of the business relationship.
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Quick Recap
- Identify the data. Determine whether it includes a sensitive category or U.S. government-related data addressed by the rule.
- Measure the relevant volume. Apply the rule’s category-specific bulk threshold; thresholds are not interchangeable across data types.
- Map access and counterparties. Review the full transaction chain, including vendors, investors, employers, infrastructure providers and relevant covered persons.
- Apply the transaction class. Determine whether the arrangement is prohibited, restricted or within a defined exemption using the rule’s exact tests.
- Check conditions and timing. For restricted activity, establish which security controls and compliance duties apply and when. Confirm any license or other authorization rather than treating it as automatic.
- Recheck current designations and guidance. Country and covered-person designations, guidance, litigation and amendments can change how the rule applies.
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