Murray, Warren, Wyden, Whitehouse, Sanders Introduce Legislation to Ban Data Brokers from Selling Americans' Location Data and Health Data

Press Release

Today, Senator Patty Murray (D-Wash.), Chair of the Senate Health, Education, Labor, and Pensions (HELP) Committee, joined Senator Elizabeth Warren (D-Mass.) in introducing the Health and Location Data Protection Act, legislation that bans data brokers from selling some of the most sensitive data available about everyday Americans: their health and location data. The legislation is also cosponsored by Senators Ron Wyden (D-Ore.), Chair of the Senate Finance Committee; Sheldon Whitehouse (D-R.I.); and Bernie Sanders (I-Vt.), Chair of the Senate Budget Committee. The legislation would reign in largely unregulated data brokers, whose data has been used to circumvent the Fourth Amendment, out LGBTQ+ people, stalk and harass individuals, and jeopardize the safety of people who visit abortion clinics for health care.

"As extremist Republican lawmakers work around the clock to criminalize essential health services--including abortion--patients' private health and location data must be protected," said Senator Murray. "Selling people's most sensitive data to turn a profit isn't just wrong--it's dangerous, and risks Americans' safety as they seek the care they need. I'm proud to join my colleagues in introducing the Health and Location Data Protection Act to protect people's sensitive health data--particularly as Republicans attack all of our reproductive rights."

"Data brokers profit from the location data of millions of people, posing serious risks to Americans everywhere by selling their most private information," said Senator Warren. "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."

"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. Congress must protect Americans' privacy from abuse by far-right politicians who want to control women's bodies. I'm proud to work with Senator Warren to introduce the Health and Location Data Protection Act," said Senator Wyden.

"Americans ought to feel confident that their highly sensitive data isn't hocked to the highest bidder without their consent. We need sensible rules for the handling of personal health and location data, especially in light of recent efforts to ban or even criminalize abortion care and other important health care," said Senator Whitehouse. "I'm pleased to join Sen. Warren in introducing this important bill."

Data brokers collect and sell intensely personal data from millions of Americans, often without their consent or knowledge, reaping massive profits. Largely unregulated by federal law, the unsavory business practices of data brokers pose real dangers to Americans everywhere.

The Health and Location Data Protection Act would:

Ban data brokers from selling or transferring location data and health data and require the Federal Trade Commission (FTC) to promulgate rules to implement the law within 180 days, while making exceptions for HIPAA-compliant activities, protected First Amendment speech, and validly authorized disclosures.
Ensure robust enforcement of the bill's provisions by empowering the FTC, state attorneys general, and injured persons to sue to enforce the provisions of the law.
Provide $1 billion in funding to the Federal Trade Commission over the next decade to carry out its work, including the enforcement of this law.

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