WASHINGTON – BSA | The Software Alliance Senior Vice President of Global Policy Aaron Cooper issued the following statement in response to reports that President Biden would sign an executive order that, in seeking to protect Americans’ sensitive personal information, would employ the use of data transfer restrictions:

"The Administration's executive order seeks to address real and serious national security issues, including bulk data sales of sensitive genomic health information to countries of concern. However, to the extent that the executive order encompasses a much broader range of legitimate commercial and research activity, it may produce significant unintended consequences.

The cross-border exchange of data and information is a cornerstone of US leadership in the global economy, and policymakers worldwide should exercise caution before introducing restrictions that could have a wide-ranging impact across different industries. Placing restrictions on cross-border data transfers risks normalizing practices that US adversaries use for other purposes, especially considering that data privacy and security requirements offer a better way to address these very legitimate issues."

Additional Details

Cross-border access to knowledge, information, and digital tools is critical to many US government economic and other policy objectives: Not only do restrictive cross-border polices fail to protect privacy and personal data, but they also hurt developing countries and small businesses; impede financial equity and inclusion; undermine data security and cybersecurity; threaten human rights; slow science and innovation; and impair various health and safety, environmental, and other regulatory compliance priorities. Data transfers are critical to US companies and workers across all sectors and at every stage of the value chain. For more information, please see the GDA Cross-Border Data Policy Index.