S.1287 - Data Elimination and Limiting Extensive Tracking and Exchange Act; DELETE Act (119th Congress)
Summary
S.1287, the DELETE Act, aims to establish a centralized system managed by the FTC for individuals to request the deletion of their personal information from all data brokers. Data brokers would be required to register annually with the FTC, providing information about their data collection practices and opt-out procedures. The bill mandates the creation of a centralized data deletion system where individuals can submit a single request to delete their data across all registered data brokers.
Expected Effects
The DELETE Act would likely increase individual control over personal data and reduce the amount of information available to data brokers. This could lead to a decrease in targeted advertising and potentially reduce the risk of identity theft. However, it also places new regulatory burdens on data brokers and requires the FTC to develop and maintain a complex centralized system.
Potential Benefits
- Enhanced Privacy: Individuals gain more control over their personal data.
- Reduced Data Broker Activity: Limits the ability of data brokers to collect and use personal information.
- Centralized System: Simplifies the process of requesting data deletion.
- Increased Transparency: Requires data brokers to register and disclose data practices.
- FTC Oversight: Provides the FTC with enforcement powers to ensure compliance.
Most Benefited Areas:
Potential Disadvantages
- Regulatory Burden: Increases compliance costs for data brokers, potentially harming smaller businesses.
- FTC Resources: Requires significant resources from the FTC to establish and maintain the centralized system.
- Potential for Inaccuracy: The FTC cannot guarantee the accuracy of data broker responses.
- Preemption Concerns: Could potentially weaken stronger state privacy laws.
- Cost to Data Brokers: Data brokers will need to pay a subscription fee to access the database.
Most Disadvantaged Areas:
Constitutional Alignment
The DELETE Act aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures, by granting individuals more control over their personal data. While the Fourth Amendment primarily applies to government actions, this bill extends similar protections against private entities. The Commerce Clause (Article I, Section 8) provides the constitutional basis for Congress to regulate interstate commerce, which includes the activities of data brokers.
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).