A bill was introduced in the U.S. Senate this week that seeks to protect people’s personal data online.
The Data Care Act would require websites, apps, and other online providers to take steps to protect users’ personal information and prevent the misuse of users’ data.
“People have a basic expectation that the personal information that is collected by websites and apps is well-protected and won’t be used to harm them,” Sen. Brian Schatz (D-HI), the bill’s sponsor, said. “Just as doctors and lawyers are expected to protect and responsibly use the personal data they hold, online companies should be required to do the same. Our bill will help make sure that when people give online companies their information, it won’t be abused.”
Doctors, lawyers, and bankers are legally required to protect their clients’ information, but there are no such rules for online companies to do the same. This bill would change that.
Specifically, it would establish reasonable duties that will require providers to protect user data. Those duties include Duty of Care; Duty of Loyalty; and Duty of Confidentiality.
Any violation of the duties will be treated as a violation of a Federal Trade Communication (FTC) rule and would be subject to a fine. States may also bring their own civil enforcement actions. The FTC would have rulemaking authority to implement the act.
The bill was 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).