U.S. Sen. Sherrod Brown (D-OH), the ranking member of Senate Banking, has introduced the Data Accountability and Transparency Act of 2020. Brown also issued a press release. As noted in the release, the bill
creates a new framework that would give Americans the power to hold corporations, big tech, and the government responsible for how they collect and protect personal data. The bill rejects the current, ineffective “consent” model for privacy, and instead places strict limits on the collection, use, and sharing of Americans’ personal data. The bill contains strong civil rights protections to ensure personal information is not used for discriminatory purposes, as well as a ban on the use of facial recognition technology. Brown’s proposal also establishes a new independent agency dedicated to protecting Americans’ privacy rights.
The release adds that the bill:
- Bans the collection, use or sharing of personal data unless specifically allowed by law
- Bans the use of facial recognition technology
- Prohibits the use of personal data to discriminate in housing, employment, credit, insurance, and public accommodations;
- Requires anyone using decision-making algorithms to provide new accountability reports
- Creates a new, independent agency that is dedicated to protecting individuals’ privacy and the implementation of DATA 2020. The new agency will have rulemaking, supervisory, and enforcement authority, the ability to issue civil penalties for violations of the Act, and a dedicated Office of Civil Rights to protect individuals from discrimination
- Empowers individuals and state attorneys general to enforce privacy protections and does not preempt more protective state laws
- Require CEO certification of compliance with the Act and contains potential criminal and civil penalties for CEO and Board of Directors
- More information about the legislation can be found here. Senator Brown worked with a diverse group of privacy experts as well as civil rights and consumer organizations. A selection of statements from these organizations appear below, and more can be viewed here.