EdTech Insight – White House executive order restricting data brokers enters effect — but to what end?

by | Jun 26, 2024 | CIO, News & Insights

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Executive Summary and Main Points

The recent executive order from President Biden enforcing new restrictions on data brokers and the sale of American personal data to certain “countries of concern” represents an important move in data governance and privacy. It specifically targets the protection of sensitive American data, such as genomic, biometric, personal health, geolocation, financial, and certain types of personally identifiable information from being sold to nations the US has substantial concerns about, including China, Russia, and others. Despite the significance of this policy for enterprise IT and security, industry experts question its impact due to enforcement challenges and potential loopholes in its application.

Potential Impact in the Education Sector

Institutions involved in Further Education and Higher Education may need to reevaluate their data sharing policies and partnerships, particularly those that could fall under the purview of this order. This development is critical for universities with international branches or those engaged in cross-border research involving sensitive student and faculty data. Moreover, micro-credential issuers, often reliant on global platforms, must ensure their data practices align with these new regulations, solidifying digital trust. Key impacts may include a push for increased data localization, reassessment of strategic partnerships, and thorough examination of data management practices.

Potential Applicability in the Education Sector

AI and digital tools in the education landscape can leverage this situation to enhance data security measures. By adopting advanced data encryption, anonymization, and blockchain technologies, educational institutions can safeguard sensitive data as it intersects with global digital networks. AI-driven monitoring systems can also be developed to track data flows and detect any non-compliance with this executive order, ensuring that institutions maintain data sovereignty despite complex international engagements.

Criticism and Potential Shortfalls

Criticisms of the executive order indicate it may be more symbolic than effective, described as a “paper tiger” and questioned for its enforceability. Given the ease with which data is stolen and trafficked globally, it’s unclear how oversight will be practically achieved. Comparative international case studies, such as the EU’s GDPR, suggest that while legislation can drive change, it also requires significant infrastructure and international cooperation. Ethical considerations, such as respecting user privacy while balancing academic freedom and cross-border collaboration, will need to be continually addressed.

Actionable Recommendations

To conform to the new executive order while fostering innovation, educational leaders should conduct thorough audits of their data processes and revise their data management strategies. Establishing partnerships with technology companies well-versed in data protection and localizing data storage within compliant jurisdictions are key strategies. Education institutions should invest in training programs for staff to understand the implications of data governance and integrate privacy-by-design principles into all new technological projects. Lastly, international education leadership must actively participate in global dialogues to shape reasonable and effective data governance frameworks.

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Source article: https://www.cio.com/article/2505628/white-house-executive-order-restricting-data-brokers-enters-effect-but-to-what-end.html