Privacy & Cybersecurity Law Blog

On January 8, 2025, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency published finalized Security Requirements for Restricted Transactions as designated by the Department of Justice in the DOJ’s final rulemaking, each pursuant to Executive Order 14117 (Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern). The Requirements and DOJ rule will go into effect on April 8, 2025.

On December 27, 2024, the U.S. Department of Justice issued a comprehensive final rule implementing Executive Order 14117, Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern. The Final Rule will go into effect on April 8, 2025, with the exception of certain due diligence, audit and reporting obligations, which will become effective on October 5, 2025.

On March 20, 2024, the U.S. House of Representatives passed legislation that will prohibit data brokers from transferring U.S. residents’ sensitive personal data to foreign adversaries, including China and Russia. The House bill HR 7520 (the “Bill”), also known as the Protecting Americans’ Data from Foreign Adversaries Act of 2024, marks a significant development in executive and legislative action related to foreign access to U.S. data. The Bill follows a similarly groundbreaking Executive Order and Department of Justice Notice of Proposed Rulemaking issued at the end of February that will establish strict protective measures against data exploitation by countries considered national security threats for U.S. sensitive personal data and U.S. government-related data. The Bill also comes after the House overwhelmingly passed HR 7521, (the Protecting Americans from Foreign Adversary Controlled Applications Act) resulting from concerns that the Chinese government would compel TikTok (or other foreign adversary-controlled apps) to turn over U.S. data. HR 7521 would effectively require TikTok to divest from parent company ByteDance in order to avoid a ban in the U.S.

In July 2022, Maria Ostashenko from ALRUD Law Firm reports that the Russian Parliament passed, and the President of the Russian Federation signed into law, major reforms in data protection and information governance. The reforms include:

• Significant changes to Federal Law No. 152-FZ on Personal Data, including the scope of its application, new rules for cross-border transfer of personal data, data breach notifications, and additional protections for data subjects;
• New amendments to the Unified Biometric System regulations;
• Establishment of a countersanction-information ...