Cybersecurity Policy Report, Bicameral Legislation Would Make Health Care Data Off-Limits to Brokers, (Jul 1, 2026)
Organizations Mentioned:Federal Trade Commission
Data brokers would be banned from collecting and selling health care and location data under bicameral legislation introduced by Rep. Mary Gay Scanlon (D., Pa.) and Sen. Elizabeth Warren (D., Mass.).
The House version of the Health and Location Data Protection Act (H.R. 9482, 119th Cong. (2026)) has four Democratic co-sponsors. Its introduction reflects concerns that health care data could be used to prosecute women who seek reproductive health care.
“Largely unregulated by federal law, data brokers gather personal information, such as location data and search history, through unassuming sources like weather or prayer apps, often without the consumer’s consent or knowledge. That data is then sold in bulk for massive profits to any willing buyer,” Rep. Scanlon and Sen. Warren noted in a news release.
“Some brokers have been caught selling cell phone-based location data of people visiting abortion clinics, risking the safety and security of women seeking basic healthcare,” they said.
The legislation would prohibit data brokers “from selling or transferring location data and health data, and require the Federal Trade Commission (FTC) to promulgate rules to implement the law,” they said.
The FTC, state attorneys general, and individuals would have the right to sue violators of the law. The bill would authorize a $1 billion appropriation for the FTC over the next decade to support its enforcement efforts.
“Americans deserve to know that their most sensitive and personal information is safe, not exploited for profit,” Rep. Scanlon said. “As extremist Republicans attempt to criminalize or ban abortion and other critical, life-saving healthcare, we need to rein in this invasion of Americans’ privacy with a clear set of rules and standards to prevent profiting off of highly personal and sensitive data without consumer consent.”
“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,” Sen. Warren said. “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.”
News: FederalLegislation DataSecurity