Don’t Sell Kids’ Data Act of 2025
Summary
The "Don't Sell Kids' Data Act of 2025" aims to protect the personal data of children and teens by prohibiting data brokers from collecting, using, maintaining, or selling their data. It requires data brokers to delete existing data and establish mechanisms for deletion requests. The bill empowers the Federal Trade Commission (FTC) and state attorneys general to enforce the Act, and also provides a private right of action for individuals.
Expected Effects
This act will likely reduce the amount of personal data collected on minors by data brokers. It will also give parents and teens more control over their data. This could lead to increased privacy for children and teens online.
Potential Benefits
- Enhanced privacy for children and teens by limiting data collection.
- Increased control for parents and teens over their personal data.
- Reduced risk of targeted advertising and potential exploitation of minors.
- Establishes clear guidelines and enforcement mechanisms for data brokers.
- Provides legal recourse for individuals whose data is mishandled.
Potential Disadvantages
- May impose compliance costs on data brokers, potentially affecting their business models.
- Could lead to challenges in verifying the age of individuals online.
- Potential for unintended consequences if the definition of "data broker" is too broad.
- May require significant resources for enforcement by the FTC and state attorneys general.
- Could face legal challenges based on First Amendment grounds related to freedom of speech.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's focus on data privacy aligns with the spirit of the Fourth Amendment, which protects against unreasonable searches and seizures. While the Fourth Amendment primarily applies to government actions, the bill extends similar protections to personal data held by private entities. The enforcement mechanisms through the FTC and state attorneys general are consistent with the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress the power to regulate interstate commerce.
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).