Electronic Consent Accountability Act of 2025
Summary
The Electronic Consent Accountability Act of 2025 aims to ensure federal agencies comply with the Office of Management and Budget (OMB) guidance on disclosing personal information electronically. It mandates that specified agencies report to Congress on their implementation of OMB memorandum M-21-04, which relates to modernizing access to and consent for disclosing records subject to the Privacy Act. The bill seeks to hold agencies accountable for adopting electronic consent and identity proofing measures outlined in the CASES Act of 2019.
The Act requires agencies to report on whether they have implemented the covered responsibilities, and if not, to provide justification, a timeline, and steps being taken for implementation. The reports are to be submitted to the Committee on Oversight and Government Reform of the House of Representatives.
This legislation is designed to improve transparency and accountability in how federal agencies handle personal information and electronic consent, ensuring they adhere to established guidelines.
Expected Effects
The primary effect of this act will be increased oversight of federal agencies' compliance with OMB guidance on electronic consent and personal information disclosure. Agencies that have not yet implemented the required measures will be compelled to provide explanations and plans for doing so.
Ultimately, this could lead to more consistent and secure handling of citizens' personal information across various federal agencies. It will also provide Congress with better insight into the progress of these agencies in modernizing their electronic consent processes.
Potential Benefits
- Enhanced transparency regarding how federal agencies handle personal information.
- Increased accountability for agencies to comply with OMB guidance.
- Improved security and consistency in electronic consent processes.
- Potential for more efficient and user-friendly interactions with government services.
- Greater protection of individual privacy rights.
Most Benefited Areas:
Potential Disadvantages
- Potential administrative burden on federal agencies to prepare and submit the required reports.
- Risk that some agencies may delay or inadequately implement the guidance, despite the reporting requirement.
- Limited direct impact on agencies already in compliance with the OMB guidance.
- Possible costs associated with implementing new electronic consent systems, although these are not explicitly addressed in the bill.
- The act itself does not create new requirements, but rather enforces existing ones.
Constitutional Alignment
The Electronic Consent Accountability Act of 2025 aligns with the principles of government transparency and accountability, which are implicit in the structure of the U.S. Constitution. While the Constitution does not explicitly address data privacy or electronic consent, the Act supports the idea of a government that is responsive to the needs and concerns of its citizens.
By requiring federal agencies to report on their implementation of OMB guidance, the Act reinforces the concept of checks and balances, as Congress exercises its oversight authority over the executive branch (Article I, Section 8, which grants Congress the power to make laws necessary and proper for carrying out its enumerated powers). The Act also indirectly supports the Fourth Amendment's protection against unreasonable searches and seizures by promoting secure handling of personal information.
Furthermore, the Act does not infringe upon any specific constitutional rights or freedoms. It primarily focuses on ensuring that federal agencies are adhering to existing guidelines related to data privacy and electronic consent.
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).