Constitutional Opinion No. 2026-0197
Case Information
- Content Scored
- Justice Department Implements Critical National Security Program to Protect Americans' Sensitive Data from Foreign Adversaries
- Source
- U.S. Department of Justice — National Security Division
- Author
- DOJ Office of Public Affairs
- Publication Date
- 2025-04-08
- Content Type
- Official Communication
- Opinion Issued
- 2026-07-02
- AFCS Version
- 1.0
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Holding
The DOJ's National Security Division implemented the Data Security Program, effective April 8, 2025, restricting covered data transactions with six designated countries of concern — China (including Hong Kong and Macau), Cuba, Iran, North Korea, Russia, and Venezuela. The program addresses national security risks posed by foreign adversaries exploiting commercial activities to access Americans' bulk sensitive personal data for espionage, surveillance, AI development, and military capabilities. The implementation includes a Compliance Guide, over 100 FAQs, and phased enforcement. The Court scores this at 91 (America First).
Articles Triggered
The program restricts foreign adversary nations' access to American data — directly prioritizing American citizens' data security over foreign commercial interests
Data privacy protections against foreign exploitation, restrictions on data transactions with adversary nations
Phased implementation with Compliance Guide, FAQs, and published enforcement policy demonstrates transparent governance
Score Breakdown
| Article | Title | Weight | Score | Weighted |
|---|---|---|---|---|
| I | America Above Foreign Interests | 8/10 | 94 | 752 |
| XVI | Technology, Privacy & AI | 9/10 | 92 | 828 |
| IX | Government Accountability | 10/10 | 85 | 850 |
| Final | 08/109/1010/10 | 91 | ||
| Sum of weighted contributions: 2430 | ||||
It is the judgment of this Court that Opinion No. 2026-0197 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.