Protecting Servicemembers' Data Act

Summary#

This bill makes it illegal for data brokers to sell, resell, license, trade, or otherwise provide for consideration lists that include non-public personal information about current or former military servicemembers to any "covered nation" or to any person controlled by a covered nation. The bill defines key terms: "data broker" (a business that sells personal information about people it does not have a direct relationship with), "military servicemember list" (a list created to compile information about current or former servicemembers that includes non-public personal information), "covered nation" (the meaning in 10 U.S.C. 4872(f)), and "controlled by a covered nation" (ownership or control tests in the bill). Data brokers who provide such lists to other parties must include contracts that bar those parties from onward sales to covered nations or persons they control. It is also unlawful to conspire to violate these rules or to engage in transactions meant to evade them.

Enforcement is handled by the Federal Trade Commission (FTC). Violations are treated as unfair or deceptive acts under the FTC Act. The FTC may use its usual powers, bring civil actions to stop violations, and seek damages, restitution, or other relief. The bill directs the FTC to issue a final rule within one year of enactment and allows the FTC to enforce the law with respect to nonprofit organizations. State attorneys general may also sue on behalf of their residents, with rules for notifying the FTC and allowing FTC intervention. The Comptroller General must report to Congress within one year on enforcement, whether more resources or authorities are needed, and whether protections should be expanded.

What it means for you#

• If you are a current or former military servicemember: the bill would bar data brokers from selling lists of your non-public personal information to covered nations or persons controlled by them.
• If you run or work for a data broker: you may not provide military servicemember lists to covered nations or persons they control, and you must include contractual limits on downstream recipients.
• If you are a buyer of such lists: contracts must prohibit onward sales to covered nations or controlled persons.
• If you are a state official: your attorney general can sue on behalf of residents; the FTC can also act and may intervene in state cases.

Expenses#

No publicly available information on estimated federal or private costs is included in the bill text. The bill does require the FTC to issue final regulations within one year and directs the Comptroller General to produce a report within one year, which would involve agency work, but the bill does not provide cost estimates.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.