Schatz Leads Group Of 16 Senators In Reintroducing Legislation To Help Protect People’s Personal Data Online

Sen Brian Schatz (D-Hawai‘i) -- the top Democrat on the Senate Communications, Technology, Innovation, and the Internet Subcommittee -- led a group of 16 senators in reintroducing legislation to protect people’s personal data online. The Data Care Act would require websites, apps, and other online providers to take responsible steps to safeguard personal information and stop the misuse of users’ data. 

The Data Care Act establishes reasonable duties that will require providers to protect user data and will prohibit providers from using user data to their detriment:

• Duty of Care – Must reasonably secure individual identifying data and promptly inform users of data breaches that involve sensitive information;
• Duty of Loyalty – May not use individual identifying data in ways that harm users;
• Duty of Confidentiality – Must ensure that the duties of care and loyalty extend to third parties when disclosing, selling, or sharing individual identifying data;
• Federal and State Enforcement – A violation of the duties will be treated as a violation of an FTC rule with fine authority. States may also bring civil enforcement actions, but the FTC can intervene. States and the FTC may go after both first- and third-party data collectors.
• Rulemaking Authority – FTC is granted rulemaking authority to implement the Act.

Schatz’s Data Care Act is co-sponsored by Sens Michael Bennet (D-CO), Catherine Cortez Masto (D-NV), Ed Markey (D-MA), Tammy Duckworth (D-IL), Tammy Baldwin (D-WI), Joe Manchin (D-WV), Dick Durbin (D-IL), Sherrod Brown (D-OH), Cory Booker (D-NJ), Amy Klobuchar (D-MN), Maggie Hassan (D-NH), Martin Heinrich (D-NM), Patty Murray (D-WA), Bernie Sanders (I-VT), and Chris Murphy (D-CT).