H.R.2612 - Data Elimination and Limiting Extensive Tracking and Exchange Act; DELETE Act (119th Congress)
Summary
H.R.2612, the DELETE Act, aims to establish a centralized system managed by the Federal Trade Commission (FTC) that allows individuals to request the simultaneous deletion of their personal information from all registered data brokers. This involves data brokers registering with the FTC annually and participating in a centralized data deletion system. The bill outlines specific requirements for data brokers, including the implementation of security measures and adherence to deletion requests, and establishes penalties for non-compliance.
Expected Effects
If enacted, the DELETE Act would give individuals greater control over their personal data held by data brokers. It would require data brokers to register with the FTC and comply with deletion requests submitted through a centralized system. This could lead to increased consumer privacy and reduced exposure to targeted advertising and potential data breaches.
Potential Benefits
- Enhanced Privacy: Individuals gain a streamlined method to control their personal data.
- Reduced Data Broker Activity: The Act may curb excessive data collection and selling.
- Increased Transparency: Data brokers are required to register and disclose data practices.
- Consumer Empowerment: Individuals have a tool to manage their digital footprint.
- FTC Oversight: The FTC gains authority to regulate data broker activities.
Most Benefited Areas:
Potential Disadvantages
- Implementation Costs: Establishing and maintaining the centralized system could be expensive.
- Enforcement Challenges: Ensuring data broker compliance may be difficult.
- Potential for Abuse: The system could be exploited if not properly secured.
- Limited Scope: The Act primarily targets data brokers, not all entities collecting personal data.
- Preemption Concerns: The preemption clause could weaken stronger state privacy laws.
Most Disadvantaged Areas:
Constitutional Alignment
The DELETE Act aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, by giving individuals more control over their personal information. While the Fourth Amendment primarily applies to governmental actions, this bill extends similar protections against private entities engaged in data collection and sales. The Commerce Clause (Article I, Section 8, Clause 3) provides the constitutional basis for federal regulation of interstate commerce, which includes the data broker industry.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).