Fischer, Colleagues Introduce Consumer Data Privacy Legislation

Press Release

U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Commerce Committee, joined Chairman Roger Wicker (R-Miss) and Senators John Thune (R-S.D.) and Marsha Blackburn (R-Tenn.) today in introducing the Setting an American Framework to Ensure Data Access, Transparency, and Accountability (SAFE DATA) Act. The legislation would provide Americans with more choice and control over their data and direct businesses to be more transparent and accountable for their data practices. The bill includes the DETOUR Act, bipartisan legislation Senator Fischer introduced with Senator Mark Warner (D-Va.) that would ban manipulative user interfaces known as "dark patterns."

"As COVID-19 has shifted social and economic activities to the internet, it is more important than ever that all Americans have transparency and control regarding their personal data," said Senator Fischer. "I am proud to cosponsor this legislation, which would create a comprehensive federal data privacy framework that restores consumer trust and sets guardrails for responsible data use. The bill also includes my bipartisan DETOUR Act with Senator Warner to protect consumers against deceptive user interfaces online known as "dark patterns.'"

"As COVID-19 increases activity online and opportunities to misuse personal data continue to surge, it is time to pass a uniform, national privacy law," said Senator Wicker. "More than ever, we need to stop bad actors and restore consumers' trust in the internet marketplace. Today I am introducing a bill that would provide all Americans with baseline protections and more transparency, choice, and control over their data. It would also strengthen the FTC's ability to hold businesses accountable when using data for nefarious purposes. I encourage my colleagues to support this legislation so that we can instill confidence in consumers and in the long-term sustainability of our digital economy."

The SAFE DATA Act would:

Provide Americans with more choice and control over their data by:

Requiring businesses to allow consumers to access, correct, delete, or port their data;
Prohibiting businesses from processing or transferring consumers' sensitive data without their consent;
Prohibiting businesses from denying consumers products or services for exercising their privacy rights;
Minimizing the amount of consumer data businesses can collect, process, and retain;
Limiting secondary uses of consumer data without their consent;
Establishing uniform data protections across the country enforced by the Federal Trade Commission (FTC) and state attorneys general;
Direct businesses to be more transparent and accountable for their data practices by:

Requiring businesses to disclose a privacy policy to consumers detailing their data collection, processing, and transfer activities, and notify consumers of any material changes to those activities;
Requiring businesses to conduct privacy impact assessments of data processing activities that may present a heightened risk of harm to consumers;
Requiring businesses to secure consumers' data and maintain internal controls and reporting structures to assess data privacy risks to consumers; and
Requiring online platforms to be transparent about their use of secret algorithms.
Strengthen the FTC's ability to respond to potentially harmful changes in technology and hold businesses accountable for misusing consumers' data by:

Authorizing the FTC to develop new rules to expand categories of sensitive data;
Requiring the FTC to share any information with the appropriate Executive or State agency if it obtains information that a business has processed or transferred consumer data in a way that violates Federal anti-discrimination laws;
Requiring the FTC to maintain a data broker registry;
Expanding the FTC's authority to oversee the data use practices of common carriers and nonprofit organizations; and
Restoring the FTC's authority to obtain monetary remedies for consumers.

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