Senators Aim to Ban Data Brokers From Selling Health Data With New Bill

US Senators introduced the Health and Location Data Protection Act, which would ban data brokers from selling location and health data in anticipation of the potential repeal of Roe v. Wade.

Elizabeth Warren (D-MA) introduced the legislation along with cosponsors Ron Wyden (D-OR), Patty Murray (D-WA), Sheldon Whitehouse (D-RI), and Bernie Sanders (I-VT).

Along with banning the sale of location and health data by data brokers, the act would require the Federal Trade Commission (FTC) to promulgate rules for implementing the law within 180 days. The FTC would make certain exceptions for HIPAA-compliant activities, authorized disclosures, and protected First Amendment speech.

If passed, the act would also give the FTC, state attorneys general, and any injured persons the ability to sue data brokers that violate the bill’s provisions. The act would also put $1 billion in funding into the hands of the FTC over the next decade to carry out the aforementioned actions and enforce the law.

“Data brokers profit from the location data of millions of people, posing serious risks to Americans everywhere by selling their most private information,” Senator Warren stated in a press release. 

“With this extremist Supreme Court poised to overturn Roe v. Wade and states seeking to criminalize essential health care, it is more crucial than ever for Congress to protect consumers’ sensitive data. The Health and Location Data Protection Act will ban brokers from selling Americans’ location and health data, rein in giant data brokers, and set some long overdue rules of the road for this $200 billion industry.”

In early June, 40 congressional Democrats penned a letter to Google asking the tech giant to stop collecting and retaining location information. The letter, new legislation, and other recent actions were catalyzed by growing data security and patient privacy concerns surrounding the now-likely repeal of Roe v. Wade.

“When abortion is illegal, researching reproductive health care online, updating a period-tracking app, or bringing a phone to the doctor’s office all could be used to track and prosecute women across the U.S. It amounts to uterus surveillance,” Senator Wyden said.

“Congress must protect Americans’ privacy from abuse by far-right politicians who want to control women’s bodies.”