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              Congressional
              aResearch Service-






The AI Executive Order and Considerations

for Federal Privacy Policy



January 25, 2024

On October 30, 2023, President Biden issued Executive Order (E.O.) 14110 on Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence. This E.O. advances a coordinated approach
to the responsible development and use of artificial intelligence (AI) and directs agencies to mitigate
privacy risks and bias potentially exacerbated by Al, including by AI's facilitation of the collection or
use of information about individuals, or the making of inferences about individuals.
Since the enactment of the Privacy Act of 1974, the federal government has grappled with how to
preserve individual privacy while also leveraging the utility of computerized information. As information
resources management transitioned from primarily paper-based materials to digital systems and formats,
Congress and the Office of Management and Budget (OMB) have continued to update agency roles,
responsibilities, and governance mechanisms with regard to management of agency information.
With expanding use of Al, Congress and the executive branch may explore whether agency roles and
responsibilities relating to privacy have kept pace with emerging technologies and information sources.
The E.O. describes possible impacts to individual civil liberties and existing privacy protections:
Artificial Intelligence is making it easier to extract, re-identify, link, infer, and act on sensitive
information about people's identities, locations, habits, and desires. Artificial Intelligence's capabilities in
these areas can increase the risk that personal data could be exploited and exposed. However, advances
in privacy-enhancing technologies (PETs) may allow federal agencies to derive value from, and enable
an analysis of, data to drive innovation while also providing privacy and security.
E.O. 14110 represents the continuing discussion concerning federal use of information on individuals and
builds upon requirements in the Open, Public, Electronic, and Necessary Government Data Act (OPEN
Government  Data Act) and the E-Government Act of 2002. The E.O. focuses on three priorities relating to
privacy:
    1. Identifying and evaluating agency use of commercially available information (CAI);
    2. Revising existing privacy requirements for the adoption of Al, including privacy impact
       assessments (PIAs); and
    3. Encouraging agency use of PETs.


                                                                 Congressional Research Service
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