The bill would also grant consumers the right to express a preference as to whether information collected about them by a data broker may be used for marketing purposes. Data brokers would be required to post clear notices on their websites about consumers’ right to review their data and express marketing preferences.
Violations of the bill would be treated as unfair or deceptive trade practices under the FTC Act and subject to Commission enforcement and penalties. State attorney’s general would have the power to bring civil actions against data brokers in federal district courts for violations as well.
Sen. Markey’s bill parallels parts of the president’s Consumer Privacy Bill of Rights, in that it seeks to give consumers greater access to and control over the personal data collected about them. However, Markey’s bill would apply solely to data brokers, while the president’s proposal would apply to companies that gather data directly from their customers.
Markey’s bill has been referred to the Senate Commerce Committee. It is unclear if or when a hearing on such legislation may occur.