Data Broker Accountability and Transparency Act of 2016
Latest action · Feb 12, 2016 Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 10, 2016
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Data Broker Accountability and Transparency Act of 2016
This bill prohibits data brokers from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation, including by providing any document that the broker knows or should know to: (1) be forged, counterfeit, lost, stolen, or fraudulently obtained; or (2) contain a false, fictitious, or fraudulent statement or representation.
"Data broker" is defined as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell or provide third party access to the information. The Federal Trade Commission (FTC) may exempt certain data brokers from this Act.
Data brokers must establish procedures to ensure the accuracy of: (1) the personal information they collect, assemble, or maintain; and (2) any other information that specifically identifies an individual, unless the information only identifies an individual's name or address.
Data brokers must also provide individuals a cost-free means to review their personal or identifying information.
Individuals may dispute the accuracy of their personal information with a written request that the data broker make a correction.
With regard to disputed public record information that is available for public inspection from federal, state, or local governments, a data broker must: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the broker's records if the individual provides proof that the public record has been corrected or that the broker was reporting the information incorrectly.
With regard to disputed non-public information of a private nature, a data broker must: (1) note the information that is disputed, (2) independently verify the information, and (3) correct the inaccuracy if the broker was reporting the information incorrectly.
Data brokers must provide individuals with a reasonable means of expressing a preference to exclude their information from being used, shared, or sold for marketing purposes.
The bill sets forth authority for the FTC and states to enforce this Act.
Cosponsors 3
Members who signed on, in the order they did. All signed on Feb 10, 2016.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-RI | David N. Cicilline | Original | Feb 10, 2016 |
| D-TX | Sheila Jackson Lee | Original | Feb 10, 2016 |
| D-TN | Steve Cohen | Original | Feb 10, 2016 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Feb 10, 2016 |
| Commerce, Manufacturing, and Trade Subcommittee | Referred Feb 12, 2016 |
Actions 3
Everything that happened, newest first.
- Feb 12, 2016Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
- Feb 10, 2016Introduced in House
- Feb 10, 2016Referred to the House Committee on Energy and Commerce.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H696 | Henry C. "Hank" Johnson, Jr. D-GA | Feb 10, 2016 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 24, February 10, 2016, page H710.
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 668 | Data Broker Accountability and Transparency Act of 2015 | Related bill | Mar 4, 2015 |
| HR 6548 | Data Broker Accountability and Transparency Act of 2018 | Reintroduced Bill | Jul 27, 2018 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To require data brokers to establish procedures to ensure the accuracy of collected personal information, and for other purposes.
- Short Titles as Introduced
- Data Broker Accountability and Transparency Act of 2016
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
- Administrative law and regulatory procedures
- Business records
- Civil actions and liability
- Commerce
- Consumer affairs
- Criminal investigation, prosecution, interrogation
- Federal preemption
- Federal Trade Commission (FTC)
- Fraud offenses and financial crimes
- Internet and video services
- Internet, web applications, social media
- Marketing and advertising
- Right of privacy
Text 1
Each version as it was printed, newest first.
- Feb 10, 2016Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
