WASHINGTON D.C. — Senator Elizabeth Warren and Representative Mary Gay Scanlon plan to introduce a new version of the Health and Location Data Protection Act in the coming weeks. The bill aims to prohibit companies from selling health and location data to data brokers and extend coverage to information entered into artificial intelligence (AI) systems.

The proposed legislation requires the Federal Trade Commission (FTC) to establish new rules within 180 days of enactment. It also allocates $1 billion to the FTC over 10 years for enforcement purposes. The bill permits the FTC, state attorneys general, and affected individuals to file lawsuits to ensure compliance.

The original Health and Location Data Protection Act was introduced in June 2022. That version focused on blocking data brokers from collecting and selling health and location data. Senators Ron Wyden and Bernie Sanders are co-sponsors of the legislation.

Senator Warren stated, "It's more important than ever that we crack down on data brokers that are raking in giant profits from selling Americans' most sensitive information." Warren also indicated the importance of regulating data in AI systems. "Especially as more people enter their private health data into AI, we need to make sure that information isn't exploited by the highest bidder," she said.

Law professor Sara Gerke commented on existing data protection for AI tools. She stated, "The data protection for tools like OpenAI's and Anthropic's largely depends on what companies promise in their privacy policies and terms of use."