Data Care Act of 2025
Summary
The Data Care Act of 2025 aims to establish duties for online service providers regarding the collection and use of end-user data. It defines key terms like 'individual identifying data' and 'sensitive data,' outlining specific categories of information requiring heightened protection. The bill introduces duties of care, loyalty, and confidentiality for online service providers, enforced by the Federal Trade Commission (FTC) and state attorneys general.
Expected Effects
The Data Care Act of 2025 will likely increase the responsibilities of online service providers in handling user data. It will empower the FTC and state attorneys general to enforce data protection standards. This could lead to increased compliance costs for businesses but also greater consumer trust in online services.
Potential Benefits
- Enhanced protection of sensitive personal data.
- Increased accountability for online service providers.
- Greater transparency regarding data collection and usage practices.
- Empowered consumers with rights related to their data.
- Potential for reduced data breaches and misuse of personal information.
Most Benefited Areas:
Potential Disadvantages
- Increased compliance costs for online service providers, potentially leading to higher prices for consumers.
- Potential for overly broad definitions that could stifle innovation.
- Possible legal challenges regarding the scope and enforcement of the Act.
- Risk of inconsistent enforcement by different state attorneys general.
- Potential for unintended consequences affecting data-driven services and technologies.
Most Disadvantaged Areas:
Constitutional Alignment
The Data Care Act of 2025 aligns with the spirit of the Fourth Amendment, which protects individuals from unreasonable searches and seizures. While the Fourth Amendment primarily applies to government actions, this Act extends similar protections to data held by private companies. The Act also aligns with the Commerce Clause (Article I, Section 8), as it regulates interstate commerce involving online service providers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).