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Bill

Bill

S 4946

Health and Location Data Protection Act of 2026

119th Congress Introduced by Jeff Merkley and 4 co-sponsors

Bans data brokers from selling or transferring highly sensitive data like health, biometric, geolocation, and financial information to reduce privacy risks.

Introduced in Senate
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WeVote Research Nonpartisan
Bill Summary · S 4946

Overview

S 4946, introduced in the 119th Congress and referred to the Senate Committee on Commerce, Science, and Transportation, seeks to prohibit data brokers from selling and transferring certain categories of sensitive data. The bill is sponsored (and co-sponsored) by a group of prominent lawmakers, including Bernie Sanders, Sheldon Whitehouse, Ron Wyden, and Elizabeth Warren.

Purpose and Intent

  • The overarching goal is to curb the dissemination of highly sensitive information by data brokers.
  • By restricting the sale and transfer of specific data types, the bill aims to reduce privacy risks, potential misuse, and harms to individuals from data broker practices.

Key Provisions (Summary of likely core elements)

Note: The following captures typical elements one would expect in a bill of this nature based on the title and sponsor intent. For exact statutory text, refer to the official bill language.

  • Prohibition on Sale/Transfer: Data brokers would be barred from selling or transferring certain categories of data deemed highly sensitive.
  • Definitions: The bill would define “data broker” and specify what constitutes “sensitive data” (e.g., health information, genetic data, biometric data, precise geolocation, financial information, religious beliefs, sexual orientation, biometric identifiers, and potentially other uniquely identifying data).
  • Compliance and Enforcement: Establishes enforcement mechanisms, penalties, and possible regulatory oversight to ensure compliance by data brokers.
  • Civil Remedies: Individuals or affected parties may have the ability to seek civil remedies or injunctive relief for violations.
  • Exemptions or Limitations: The bill may include narrow exemptions (e.g., data used for certain lawful purposes, public records, or data handled by covered entities under other privacy laws) but would generally tighten restrictions on sale/transfers.
  • Regulatory Framework: Likely creates or designates a regulatory body or allows a federal agency to implement rules, guidance, and enforcement actions.
  • Consumer Protections: Could include requirements for data brokers to provide notices, allow opt-outs, or implement reasonable security practices.
  • Preemption and Coordination: Provisions addressing interaction with state privacy laws or existing consumer protection statutes.

Who Would Be Affected

  • Data brokers and entities that collect, process, and sell personal information to third parties.
  • Businesses that rely on data broker data for marketing, analytics, risk assessment, or other services, as they may need to adjust data sourcing.
  • Consumers whose sensitive data would be restricted from sale or transfer, potentially reducing exposure to targeted advertising, profiling, or data breaches involving sensitive information.

Procedural and Timeline Aspects

  • Introduced: The bill was introduced in the Senate.
  • Referral: Read twice and referred to the Committee on Commerce, Science, and Transportation (as of 2026-07-13).
  • Next Steps: Committee hearings, potential markups, amendments, and, if advanced, floor consideration in the Senate. If passed, it would proceed to reconciliation with any companion House bill (if applicable) and potential conference actions before final enactment.

Potential Impacts and Considerations

  • Privacy Benefits: By restricting sensitive data sales, individuals could experience reduced exposure to invasive profiling and data misuse.
  • Compliance Burden: Data brokers may need to implement new data governance, auditing, and opt-out mechanisms; smaller entities could face higher relative compliance costs.
  • Innovation and Marketplace Effects: Could affect targeted advertising, risk assessment services, and analytics products that rely on sensitive data.
  • State/Local Implications: May interact with existing state privacy laws; potential preemption or coordination provisions could shape industry compliance.

If you would like, I can tailor this summary to include exact statutory language once the bill’s text is available, or compare it to similar prior legislation for context.

Compiled from official sources — confirm details with the bill’s official record.

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