Privacy Act Modernization Act of 2025
Sponsored By: Senator Sen. Wyden, Ron [D-OR]
Introduced
Summary
Modernizes the Privacy Act to cover more people and kinds of personally identifiable information. The bill broadens who counts as an “individual” and tightens when and how agencies may collect, use, or disclose personally identifiable information.
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- Individuals and families: The bill defines “record” to mean any personally identifiable information processed by an agency and expands “individual” to a “natural person” who is a U.S. person (as defined in FISA section 101) or who is in the United States. It requires disclosures to be appropriate and necessary, tied to a legal authority, and limited by a “minimum necessary” standard.
- Federal agencies and contractors: It redefines “system of records” to include groups of records maintained by or for an agency and allows agreements, including with other agencies or contractors, to operate those systems. Most changes take effect two years after enactment but specified entities such as the DOGE Service, DOGE Teams, temporary organizations, and certain personnel are regulated immediately.
- Remedies and enforcement: Civil remedies are expanded to allow damages of not less than $1,000 for affected individuals plus attorneys’ fees, costs, and equitable relief. Criminal penalties are increased with new felonies for commercial or malicious misuse carrying fines up to $250,000 and up to 10 years imprisonment and other penalties raised up to $100,000.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
Stronger privacy protections for people
If enacted, the bill would broaden what counts as personal data. Two years after enactment, agencies would have to list each purpose and the legal authority before using or disclosing personal data. Agencies would also have to use and disclose only the minimum information needed. The bill would limit how matched data for research or statistics may be used against specific people or employees.
Bigger penalties and civil damages
If enacted, the bill would strengthen legal remedies for privacy violations. A court could make the United States pay actual damages (but at least $1,000), attorneys' fees, costs, and punitive damages when it finds intentional or willful agency misconduct. The bill would also create a new felony for selling or disclosing records for commercial gain or malicious harm, with fines up to $250,000 and up to 10 years in prison, and raise another offense to a felony with fines up to $100,000.
New rules for contractors handling data
If enacted, the bill would expand which agreements count when an outside party operates a system of agency records. Two years after enactment, more contractors and inter‑agency partners could face new recordkeeping duties and potential liability for how they handle personal data. This could raise compliance costs for businesses that run or host agency records.
Immediate rules for DOGE teams
If enacted, most changes in the bill would take effect two years after enactment. But the bill would apply immediately to the United States DOGE Service, its temporary organization, DOGE Teams, certain temporary employees and consultants, agencies they control, and matching programs involving them. The exception applies even if a described person acts outside the listed capacity.
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Sponsors & CoSponsors
Sponsor
Sen. Wyden, Ron [D-OR]
OR • D
Cosponsors
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 3/31/2025
Sen. Merkley, Jeff [D-OR]
OR • D
Sponsored 3/31/2025
Chris Van Hollen
MD • D
Sponsored 3/31/2025
Roll Call Votes
No roll call votes available for this bill.
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