The Well being and Location Safety Act would offer the Federal Commerce Fee with $1 billion to publicize and implement the ban over a 10-year span. The invoice would prohibit firms from “promoting or transferring location information and well being information”—a sweeping ban that may rock your entire multibillion-dollar information dealer business. It’s presently supported by a handful of Democratic senators, together with Sen. Bernie Sanders (I-VT) and Sen. Patty Murray (D-WA).
The proposed ban coincides with the Supreme Courtroom’s seemingly impending overturn of Roe v. Wade. As half the US inhabitants prepares to lose bodily autonomy as quickly as this month, considerations concerning the privateness of 1’s medical choices are rising. Many are nervous that health-based apps, particularly interval trackers, might be used as evidence within the prosecution of individuals in search of reproductive care. (A legit concern, given Motherboard’s report on information brokers promoting info on who has visited Deliberate Parenthood.) Whereas a ban on health-related information gross sales would seemingly present a slew of different advantages, Warren is especially involved about its relevance within the face of what may very well be the Supreme Courtroom’s most contested resolution in many years.
“Information brokers revenue from the situation information of tens of millions of individuals, posing critical dangers to People all over the place by promoting their most non-public info,” stated Warren upon the invoice’s introduction. “With this extremist Supreme Courtroom poised to overturn Roe v. Wade and states in search of to criminalize important well being care, it’s extra essential than ever for Congress to guard shoppers’ delicate information. The Well being and Location Information Safety Act will ban brokers from promoting People’ location and well being information, rein in big information brokers, and set some lengthy overdue guidelines of the highway for this $200 billion business.”
Warren’s proposed laws is much like the Fourth Modification Is Not For Sale Act (FANFSA), which a bipartisan group of senators launched in April 2021. Centering on the a part of the Structure that protects the correct to be free from unreasonable searches and seizures, the FANFSA laws “closes the authorized loophole that permits information brokers to promote People’ private info to regulation enforcement and intelligence businesses with none court docket oversight.” Whereas the FANFSA focuses on authorities entities as the purchasers of such information gross sales, the Well being and Location Safety Act prevents anybody from with the ability to purchase or promote delicate information. The one exceptions can be exercise protected by HIPAA or the First Modification. (It’s price mentioning, nevertheless, that Warren is a co-sponsor of the FANFSA, which presently seems to be caught within the legislative pipeline.)