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Data Brokers and Delete Acts

Data brokers aggregate and sell personal data—often without clear user awareness. In response, many U.S. states are passing “delete acts” and other laws to increase transparency, require registration and give users control over data sales. These laws will reshape compliance and collection practices for brokers and companies relying on third-party data. This page tracks legislation, rulemaking and enforcement trends affecting the data brokerage industry.

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Advocates Seek FISA Amendments for Thursday House Vote
April 10, 2024 |Capitol Hill

Speaker Mike Johnson, R-La., is expected to back legislation that would maintain the status quo for the intelligence community’s surveillance authorities, civil liberties advocates said Tuesday (see 2404050049). The House is expected to vote Thursday on the Reforming Intelligence and Securing America Act, which would reauthorize the Foreign Intelligence Surveillance Act and the controversial Section 702. The House Rules Committee was scheduled to hold a hearing Tuesday about the legislation and what provisions to consider on the floor. Johnson supports the House Intelligence Committee’s approach, which omits the House Judiciary Committee’s warrant requirement, New America Open Technology Institute Policy Director Prem Trivedi said in a statement Tuesday. Privacy advocates seek a warrant requirement when intelligence agencies search for American citizens' data in the FISA database. In addition, they want a warrant requirement when agencies purchase U.S. citizens’ information through data brokers. Johnson is backtracking on proposals he supported as a rank-and-file member, Demand Progress said. The House Intelligence Committee wants an expansion of FISA authorities and to subject additional network-connected businesses to gag orders that facilitate warrantless FISA surveillance, said Policy Director Sean Vitka. Johnson’s office didn’t comment Tuesday. House Republican leadership previously abandoned a proposal to consider FISA provisions from both committees on the floor (see 2312120073).

States Advance Children's Privacy and Social Media Bills
March 22, 2024 |State Telecom

Bills meant to protect kids online advanced in multiple state legislatures this week. On Wednesday, the Vermont Senate unanimously passed a children’s privacy bill (S-289) requiring an age-appropriate design code. It will go to the House. The same day in Illinois, the House Consumer Protection Committee voted 9-0 to advance a kids’ social media bill (HB-5380) that would require large social media platforms to make application programming interfaces (API) available so that third-party software providers can create tools for parents to manage their children’s activity on the platform. And in Alabama, the Senate Judiciary Committee cleared the House-passed HB-164 with a short amendment. The bill would require a reasonable age-verification method to restrict those younger than 18 from accessing pornographic websites. On Tuesday, Alabama’s Senate Fiscal Responsibility Committee cleared a privacy bill (SB-213) that would require data brokers to register with the state. A Pennsylvania House committee that day advanced a social media bill requiring age verification (see 2403190050).

California Privacy Regulation Heats Up: State Official
March 14, 2024 by Adam Bender|Top News

Prepare for more California privacy activity in coming months, California Privacy Protection Agency Senior Privacy Counsel Lisa Kim said Wednesday. Kim previewed CPPA enforcement, rulemaking and legislative work at a virtual FCBA privacy symposium Wednesday. A growing patchwork of state privacy laws makes it difficult for businesses to create a good consumer experience for making privacy choices, said corporate privacy practitioners during a later panel.