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119-s-3570119th CongressWALLET

Data Care Act of 2025

Sponsored By: Senator Schatz, Brian [D-HI]

Introduced

Summary

Creates federal duties for online service providers to protect end user data through standards of care, loyalty, and confidentiality. This bill would define "sensitive data" and set rules for breach notices, limits on exploitative uses, and third-party access.

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  • Families and consumers: Would define nine "sensitive data" categories, including Social Security numbers, child personal information under COPPA, financial account data, biometric data, and health information. It would require breach notification for incidents involving sensitive data.
  • Online service providers: Would impose three duties—duty of care, duty of loyalty, and duty of confidentiality—requiring reasonable security, prohibiting uses that harm or exploit users, and restricting disclosure or sale to third parties who must be bound and audited. Section 3 would apply 180 days after enactment.
  • States and enforcement: Would let the Federal Trade Commission enforce violations as unfair or deceptive acts and allow state attorneys general and other state officials to sue for civil penalties. Civil penalties would be calculated using the FTC Act maximum adjusted for inflation and the FTC may preempt state civil suits while an FTC action is pending.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

State lawsuits for data violations

This bill would let state attorneys general sue online services on behalf of residents for violations of the duties. For knowing or repeated violations, civil penalties would equal the larger of (days not in compliance) or (number of end users harmed) multiplied by a per-unit amount up to the FTC Act maximum, including inflation adjustments. States must usually notify the FTC before filing and the FTC may intervene. An FTC action would preempt a duplicate state civil action while the FTC case is pending.

Who and what the law covers

This bill would define key terms that decide who and what the law covers. The Federal Trade Commission would be the 'Commission.' An 'end user' and an 'online service provider' would be defined, and 'individual identifying data' would mean data linked or reasonably linkable to a person or their device. The bill would list many categories of 'sensitive data,' including Social Security numbers, child personal data, government IDs, financial account and payment data, biometric data, account passwords, name plus full birthdate or precise location, health data, and nonpublic communications.

New duties for online services

This bill would create three duties for online service providers: care, loyalty, and confidentiality. Care would require reasonable security and, for sensitive data, breach notice rules (with scope the FTC could expand). Loyalty would bar data uses that unfairly benefit a provider and cause material harm or are highly offensive. Confidentiality would bar disclosure or sale except as allowed and would require contracts and audits of recipients. The duties would apply 180 days after enactment. The FTC could write rules, exempt some providers, and enforce violations as unfair or deceptive acts, including against certain nonprofits and common carriers. The bill would also bar contracts that make users give up rights under this law.

Sponsors & CoSponsors

Sponsor

Schatz, Brian [D-HI]

HI • D

Cosponsors

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 12/18/2025

  • Sen. Murphy, Christopher [D-CT]

    CT • D

    Sponsored 12/18/2025

  • Sen. Baldwin, Tammy [D-WI]

    WI • D

    Sponsored 12/18/2025

  • Sen. King, Angus S., Jr. [I-ME]

    ME • I

    Sponsored 12/18/2025

  • Sen. Sanders, Bernard [I-VT]

    VT • I

    Sponsored 12/18/2025

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 12/18/2025

  • Sen. Duckworth, Tammy [D-IL]

    IL • D

    Sponsored 12/18/2025

  • Sen. Smith, Tina [D-MN]

    MN • D

    Sponsored 12/18/2025

  • Sen. Durbin, Richard J. [D-IL]

    IL • D

    Sponsored 12/18/2025

  • Sen. Welch, Peter [D-VT]

    VT • D

    Sponsored 12/18/2025

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 12/18/2025

  • Sen. Klobuchar, Amy [D-MN]

    MN • D

    Sponsored 1/7/2026

  • Sen. Bennet, Michael F. [D-CO]

    CO • D

    Sponsored 3/20/2026

  • Sen. Luján, Ben Ray [D-NM]

    NM • D

    Sponsored 3/20/2026

Roll Call Votes

No roll call votes available for this bill.

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