Data Broker Accountability and Transparency Act of 2019 2019-09-26 Introduced in Senate Data Broker Accountability and Transparency Act of 2019

This bill places requirements on an entity that collects, assembles, or maintains the personal data of an individual in order to sell or provide third-party access to the information (data brokers).

Specifically, the bill requires a data broker to ensure the accuracy of personal information it collects, and it prohibits a data broker from obtaining an individual's personal information by false pretenses. A data broker must provide an individual with access to their personal information and a means to correct inaccuracies. Additionally, a data broker shall not use an individual's personal information for unreasonable purposes, such as profiting from biometric information or processing personal information in a manner that is discriminatory.

Further, the bill requires a data broker to maintain a website with clear and conspicuous instructions for how an individual may (1) review their personal information, and (2) express a preference on the sharing of their data for marketing purposes. If an individual indicates a preference to not have their information used for marketing purposes, a data broker is required to abide by that preference.

The bill also directs a data broker to facilitate the retracing of access to an individual's personal information and implement a consumer privacy and data security program to protect against data breaches. If the personal information of an individual has been breached, the data broker must notify the individual.

The Federal Trade Commission is authorized to establish a website that lists covered data brokers and provides consumers with information about their rights.

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