DOJ Bulk Data Rule: Implications for Life Sciences and Healthcare Companies in Arrangements with China and other Foreign Countries

Earlier this year, the U.S. Department of Justice released a Final Rule implementing a portion of former President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern” (the “EO”) that placed restrictions, and in some cases prohibitions, on the sharing of data and biospecimens (including in de-identified form) with the People’s Republic of China and other “countries of concern.”  Since that time, other federal agencies, including the U.S. Department of Health and Human Services, have issued additional policies and guidance implementing the EO, thus indicating that the Trump Administration remains committed to moving forward with the restrictions on the sharing of data set forth in the EO. 

- Examine the current enforcement and regulatory landscape of bulk data transfers to countries of concern and covered persons having a nexus to such countries of concern,