Protecting Americans' Data From Foreign Surveillance Act of 2023

This bill creates new controls on the export of sensitive personal data of U.S. citizens and individuals in the U.S. to prevent foreign adversaries from exploiting it for national security threats. It requires the Secretary of Commerce to identify categories of personal data that could harm national security if transferred abroad, and to establish thresholds (ranging from 10,000 to 1,000,000 covered individuals) for when data exports require licensing. Companies would need licenses to transfer data to "restricted countries" above these thresholds, with exceptions for encrypted data, journalism, personal data of the individual themselves, and data transfers necessary for services. The bill also establishes a process for determining which countries are considered "restricted" based on their data protection laws and potential for exploitation by foreign governments.