The DOJ’s Data Security Program: What You Need to Know

The U.S. Department of Justice (DOJ) has recently implemented a significant initiative known as the Data Security Program (DSP), with the stated goal of protecting sensitive data from foreign adversaries and ensuring national security. Understanding the DSP is crucial for compliance and protecting organizational data. This blog post provides an overview of the DSP, its scope, requirements and implications for organizations. 

History of the Data Security Program (DSP)

The DSP was established under Executive Order 14117, signed into effect to address the threats posed by unfriendly state actors. These threats include espionage, economic espionage and the exploitation of sensitive personal and government-related data. The program aims to bolster national security by preventing these adversaries from using commercial activities to access and exploit U.S. data.

The DSP builds on previous national security measures, including the 2017 National Security Strategy and the 2025 Annual Threat Assessment of the U.S. Intelligence Community. It represents a proactive approach to mitigating risks associated with data breaches and unauthorized access by foreign entities.

Scope of the DSP

The DSP applies to any entity or individual engaged in transactions involving U.S. government-related data and bulk sensitive personal data, such as genomic, geolocation, biometric, health and financial data.

Compliance with the DSP is required for U.S. individuals and entities, and non-compliance can result in significant penalties. The program's scope is comprehensive, aiming to cover all potential avenues through which sensitive data could be accessed by foreign adversaries.

Requirements of the DSP

The DSP imposes several stringent requirements on organizations to ensure compliance and protect sensitive data. Key requirements include:

1- Prohibited and Restricted Transactions: Organizations must avoid engaging in transactions that involve transferring sensitive data to foreign adversaries. This includes direct transactions and transactions facilitated by intermediary parties.

2- Compliance Programs: Entities are required to establish robust data compliance programs. These programs should include measures for data protection, regular audits and thorough record-keeping.

3- Due Diligence: Organizations must conduct due diligence to ensure that their data transactions do not violate DSP regulations. This involves understanding the data being collected and ensuring it is not accessible to foreign adversaries.

4- Reporting and Disclosure: Entities must report any rejected transactions and disclose any violations of the DSP. This transparency is crucial for maintaining compliance and avoiding penalties.

5- Implementation and Enforcement: The DOJ has provided a 90-day leniency period for civil enforcement, allowing organizations time to comply with the DSP. However, especially severe or deliberate infractions will still be subject to enforcement during this period.
 

What does the DSP mean for your organization?

For organizations falling within its scope, the DSP represents both a challenge and an opportunity. Compliance with the DSP is essential to avoid penalties and protect sensitive data from foreign adversaries. Here are some steps organizations can take to align with the DSP:
 
1- Review and Update Data Security Policies: Ensure that your data security policies are up to date and compliant with DSP requirements. This includes revising data handling procedures and implementing robust security measures.

2- Conduct Regular Audits: Regular audits are essential to identify potential vulnerabilities and ensure compliance with DSP regulations. These audits should cover all aspects of data handling and storage.

3- Train Employees: Educate employees about the DSP and its requirements. Training programs should focus on data protection best practices and the importance of compliance.

4- Engage Legal and Compliance Experts: Consult with legal and compliance experts to navigate the complexities of the DSP. These professionals can provide valuable guidance on maintaining compliance and avoiding penalties.

5- Leverage Data Security Solutions: Utilize advanced technology solutions to enhance data security. This includes encryption, access controls and monitoring tools to detect and prevent unauthorized access.

How Forcepoint solutions help DSP compliance

Forcepoint offers a suite of solutions designed to help organizations maintain regulatory compliance under the DSP. These solutions include:

• Data Security Posture Management (DSPM): Forcepoint DSPM provides visibility into data-at-rest, helping organizations discover, classify and manage sensitive data. The advanced AI Mesh engine works to improve classification accuracy for your unique data, making it ideal for working with less standard types of PII (e.g., genetic or biometric data).
• Data Detection and Response (DDR): Forcepoint DDR focuses on data-in-use, providing continuous monitoring and dynamic responses to potential data breaches. This solution helps organizations detect and respond to threats in real time.
• Data Loss Prevention (DLP): Forcepoint DLP is the industry-leading solution for protecting data-in-motion, preventing data exfiltration across various channels such as cloud, web, network, email and endpoints. DLP ensures that sensitive data is secure and complies with DSP regulations.
  
  By integrating DSPM, DDR and DLP, Forcepoint enables organizations to achieve comprehensive data security and regulatory compliance. These solutions work together to provide visibility, control and protection, ensuring that sensitive data remains secure from foreign adversaries.
  
  For organizations, compliance with the DSP is not only a legal requirement but also a strategic imperative to safeguard data and maintain national security. By understanding the DSP's history, scope, requirements and implications, organizations can take proactive steps to ensure compliance and protect their valuable data assets.
  
  Talk to an expert today to learn more about Forcepoint data security solutions and request a free demo.