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Analyzing the Protecting Americans’ Data from Foreign Adversaries Act of 2024

The Protecting Americans' Data from Foreign Adversaries Act of 2024 represents a significant legislative step in the United States towards safeguarding personal data from potential threats posed by foreign entities. This bill specifically targets data brokers, prohibiting them from transferring "personally identifiable sensitive data" of U.S. individuals to foreign adversaries.

Definition and Scope of Sensitive Data

The bill defines "personally identifiable sensitive data" broadly, encompassing any data that identifies or is reasonably linkable to an individual or a device associated with an individual. This definition extends to various categories of information, including government-issued identifiers, health information, financial details, biometric and genetic data, precise geolocation information, private communications, and more. The inclusion of data related to an individual's race, religion, online activities, and military status further underscores the comprehensive nature of this definition.


  1. Commission: This term is defined as the Federal Trade Commission, the U.S. government agency responsible for consumer protection and the enforcement of civil antitrust laws.

  2. Controlled by a Foreign Adversary: This definition is critical for determining the entities to which the bill's restrictions apply. It includes entities domiciled or headquartered in a foreign adversary country, entities with significant foreign ownership (at least a 20 percent stake), and entities under the direction or control of such foreign persons or entities.

  3. Data Broker: The definition of a data broker is central to the bill's focus. It covers entities that sell or otherwise make available data of U.S. individuals that they did not collect directly from those individuals, excluding entities acting as service providers or those engaged in certain specified activities such as transmitting data at the request of the individual or reporting news.

Implications for Data Brokers and National Security

By restricting the transfer of sensitive data to foreign adversaries, the bill aims to mitigate the risk of such information being exploited for purposes detrimental to national security and individual privacy. Data brokers, who often collect and sell personal information, are placed under scrutiny, requiring them to ensure that their transactions do not involve entities controlled by foreign adversaries.

The definition of "controlled by a foreign adversary" is particularly important, as it encompasses a range of situations in which an entity may be influenced by a foreign adversary, thereby posing a potential risk to the privacy and security of U.S. individuals' data.

The definition of "data broker" is comprehensive, covering a wide array of activities related to the sale or transfer of data. The exclusions from this definition are also noteworthy, as they carve out exceptions for entities engaged in activities that are not the primary focus of the bill, such as transmitting data at the request of the individual or reporting news.

Challenges and Considerations

The broad definition of sensitive data may pose challenges for data brokers in determining the scope of information subject to the prohibition. Additionally, the bill's impact on international data transactions and the mechanisms for enforcing compliance are critical considerations. The legislation's effectiveness will depend on clear guidelines for identifying foreign adversaries and robust mechanisms for monitoring and enforcing compliance among data brokers.

"The term “sensitive data” includes the following:

(A) A government-issued identifier, such as a Social Security number, passport number, or driver’s license number.

(B) Any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual.

(C) A financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual. (D) Biometric information.

(E) Genetic information.

(F) Precise geolocation information.

(G) An individual’s private communications such as voicemails, emails, texts, direct messages, mail, voice communications, and video communications, or information identifying the parties to such communications or pertaining to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call.

(H) Account or device log-in credentials, or security or access codes for an account or device.

(I) Information identifying the sexual behavior of an individual.

(J) Calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual’s device or is accessible from that device and is backed up in a separate location.

(K) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.

(L) Information revealing the video content requested or selected by an individual. (M) Information about an individual under the age of 17.

(N) An individual’s race, color, ethnicity, or religion.

(O) Information identifying an individual’s online activities over time and across websites or online services.

(P) Information that reveals the status of an individual as a member of the Armed Forces.

(Q) Any other data that a data broker sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to a foreign adversary country, or entity that is controlled by a foreign adversary, for the purpose of identifying the types of data listed in subparagraphs (A) through (P)".

The preservation of the FTC's authority ensures that the commission can continue to enforce existing laws while also addressing the new challenges posed by data brokers and foreign adversaries. The definitions provided in the bill are essential for its implementation, as they establish the criteria for identifying entities subject to the bill's provisions.

The Protecting Americans' Data from Foreign Adversaries Act of 2024 represents a proactive approach to addressing the growing concerns over data privacy and national security in the digital age. By defining a wide range of sensitive data and imposing restrictions on its transfer to foreign adversaries, the bill seeks to protect the privacy of U.S. individuals and safeguard the nation's interests. As this legislation progresses, it will be essential to monitor its implementation and the evolving landscape of data protection in the face of international challenges.

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