Scanlon, Warren Introduce Legislation to Ban Sale of Americans’ Health and Location Data

Scanlon, Warren Introduce Legislation to Ban Sale of Americans' Health and Location Data

Washington, D.C. - Congresswoman Mary Gay Scanlon (PA-05) and Senator Elizabeth Warren (D-MA) today introduced the Health and Location Data Protection Act, a bill that would ban data brokers from selling or transferring Americans' health and location data. Joining Rep. Scanlon as co-leads for the House bill are Reps. Nydia Velázquez (NY-07), Adriano Espaillat (NY-13), Pramila Jayapal (WA-07), and Rashdia Tlaib (MI-12).

Largely unregulated by federal law, data brokers gather personal information, such as location data and search history, through unassuming sources like weather or prayer apps, often without the consumer's consent or knowledge. That data is then sold in bulk for massive profits to any willing buyer. Data gathered and sold by brokers has been used to circumvent the Fourth Amendment, out LGBTQ+ Americans, and stalk and harass individuals. Some brokers have been caught selling cell phone-based location data of people visiting abortion clinics, risking the safety and security of women seeking basic healthcare. In a post-Dobbs world, the need for strong privacy protections is more urgent than ever.

"Americans deserve to know that their most sensitive and personal information is safe, not exploited for profit," said Rep. Scanlon. "As extremist Republicans attempt to criminalize or ban abortion and other critical, life-saving healthcare, we need to rein in this invasion of Americans' privacy with a clear set of rules and standards to prevent profiting off of highly personal and sensitive data without consumer consent. I'm proud to lead the Health and Location Data Protection Act to stop data-brokers from profiting off Americans' vulnerabilities."

"It's more important than ever that we crack down on data brokers that are raking in giant profits from selling Americans' most sensitive information," said Senator Warren. "Especially as more people enter their private health data into AI, we need to make sure that information isn't exploited by the highest bidder."

The Health and Location Data Protection Act would:

• Ban data brokers from selling or transferring location data and health data, and require the Federal Trade Commission (FTC) to promulgate rules to implement the law within 180 days while making exceptions for HIPAA-compliant activities, protected First Amendment speech, and validly authorized disclosures.

• Ensure robust enforcement of the bill's provisions by empowering the FTC, state attorneys general, and injured persons to sue to enforce the provisions of the law.

• Provide $1 billion in funding to the Federal Trade Commission over the next decade to carry out its work, including the enforcement of this law.

"Three years after Dobbs, the threat to Americans' privacy has only grown -- and data brokers are still profiting off it," said Rep. Velázquez. "From health records to location data to information people enter into AI systems, the most sensitive details of our lives remain up for sale. I'm proud to join Rep. Scanlon and Senator Warren in reintroducing the Health and Location Data Protection Act to put a stop to these dangerous practices."

"Your private data should be just that, private," said Rep. Jayapal. "This is especially the case with health and location data. In a post-Dobbs world, women should not have to worry about data brokers buying and sharing information about them seeking healthcare at abortion clinics. It is time to stop these corporations from selling this information to the government to circumvent the Fourth Amendment. That's why I'm proud to be joining Congresswoman Scanlon to lead the Health and Location Data Protection Act to create clear and enforceable rules to protect Americans' privacy."

The bill is endorsed by National Partnership for Women & Families, Reproductive Freedom for All, All* Above All, Guttmacher Institute, National Network of Abortion Funds, National Council of Jewish Women, and URGE: Unite for Reproductive & Gender Equity.

"Four years since Roe v. Wade was overturned, people's sensitive information, including location data, is being used to surveil their health and pregnancy outcomes," said Nima Sheth, Vice President of Health Justice at the National Partnership for Women & Families. "Especially as data brokers operate in the wild west of unregulated AI and a patchwork of data privacy laws, it's critical to put a stop to them selling our sensitive information. This bill helps ensure that our location data and information from apps and other devices do not land in the hands of those who can compromise our safety and freedom. Our personal data-and our dignity and autonomy-is not for sale. National Partnership for Women & Families thanks Congresswoman Scanlon and Senator Warren for introducing this bill."

"Every person deserves the freedom to make decisions about their own body without fear that their private health information could be used to criminalize, surveil, or discriminate against them for just visiting a doctor or provider. Protecting health data is an essential part of health care and a prerequisite for true bodily autonomy," said Nourbese Flint, President of All* Above All. "The Health and Data Protection Act recognizes that our most sensitive health information, including information about pregnancy, miscarriage, fertility treatment, abortion care, contraception, and gender-affirming care, should never be bought, sold, or weaponized. At All* Above All, we believe everyone should be able to access the health care they need with dignity, safety, and confidence that their personal information will remain private. We applaud lawmakers for advancing legislation that puts people before profits and strengthens critical protections for patients at a time when they are needed most."

"Data security is a Reproductive Justice issue," says Poonam Dreyfus-Pai, Interim Executive Director of the National Network of Abortion Funds. "Accessing abortion is already difficult enough, and abortion funds and abortion seekers should not have to worry that private health information is being sold to the highest bidder. Abortion seekers and the people who support them deserve strong data protections, not surveillance, criminalization, and punishment."

Find the full bill text here.

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