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119-s-2367119th CongressWALLET

AI Accountability and Personal Data Protection Act

Sponsored By: Senator Hawley, Josh [R-MO]

Introduced

Summary

A federal private tort for misuse of covered data. This bill would make it illegal to appropriate, use, collect, process, sell, or otherwise exploit a person's covered data without their express, prior consent and it explicitly covers the training and outputs of generative artificial intelligence systems.

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  • Individuals: Creates a private right of action in federal or state court and allows remedies including actual damages, treble profits or a damages floor of $1,000, punitive damages, injunctive relief, and prevailing plaintiff attorney's fees and costs.
  • Businesses and third parties: Bars exploitation of covered data absent express prior consent, narrows consent obtained through coercion or passive disclosure, and requires third-party recipients to be clearly and prominently disclosed separate from general policies.
  • Courts and dispute rules: Disallows predispute arbitration agreements and predispute joint-action waivers for claims under the Act and preserves stronger state laws by setting a federal floor rather than a ceiling.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 0 costs, 1 mixed.

Sue over unauthorized use of your data

If enacted, you would be able to sue in federal or state court if someone uses your covered data without your express, prior consent. You would be able to recover the larger of your actual damages, three times the profits from the misuse, or $1,000. You could also seek punitive damages, an injunction, and your attorney's fees and costs. The bill would define covered data broadly and would include data used to train or generated by generative AI when that use or output substantially derives from your data.

No forced arbitration for data claims

If enacted, any predispute arbitration agreement or predispute joint‑action waiver would be invalid for claims under this Act. Courts, not arbitrators, would decide whether the Act applies and whether an arbitration agreement is enforceable. You would be able to bring or join court, class, collective, or representative actions for Act claims.

Stricter consent and third‑party rules

If enacted, consent would be invalid if it is coerced, deceptive, or forced as a condition of using a product when the data use is not reasonably necessary. Firms would have to name each third party when asking for consent and show that disclosure separately and clearly. A simple link or passive notice would not count as valid consent.

States can give stronger protections

If enacted, this federal bill would set a minimum standard and would not preempt State laws. States could keep existing rules or give people stronger rights and remedies than the federal floor.

Union arbitration clauses remain valid

If enacted, the Act would not apply to arbitration provisions in contracts between an employer and a labor organization or between labor organizations. Those arbitration provisions could still exist, but they could not stop a union worker from going to court to enforce constitutional, statutory, or public policy rights.

Sponsors & CoSponsors

Sponsor

Hawley, Josh [R-MO]

MO • R

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 7/21/2025

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 7/24/2025

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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