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HR9482119th CongressWALLET

Health and Location Data Protection Act of 2026

Sponsored By: Representative Scanlon, Mary Gay [D-PA-5]

Introduced

Summary

Bans the sale and transfer of individuals' health and location data by data brokers. The bill bars data brokers and others from selling, reselling, licensing, trading, transferring, sharing, or otherwise providing health or location data and directs the Federal Trade Commission to define covered data categories and exceptions.

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  • Families and consumers: Stops brokers from selling or sharing health and location data tied to individuals or households. Health data is defined to include conditions, disabilities, pregnancy, miscarriage, and treatment or diagnosis.
  • Companies and data brokers: Prohibits brokers from providing location or health data but allows narrow exceptions for HIPAA-compliant business associates, publication of newsworthy information, and disclosures with valid authorizations under 45 C.F.R. §164.508 as adapted by the Commission.
  • Enforcement and legal actors: Gives the FTC broad tools including treating violations as unfair or deceptive acts, independent civil litigation authority, injunctions, damages, restitution, and civil penalties capped at 15 percent of an ultimate parent's prior 12-month revenue. States can sue under parens patriae, private parties may bring suit, and actions generally must be started within six years of actual knowledge.

*This law increases federal spending by a $1.0 billion appropriation to the FTC for FY2027, available through September 30, 2035.*

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Bill Overview

Analyzed Economic Effects

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

Ban on selling health and location data

If enacted, the bill would make it unlawful for data brokers to sell or otherwise provide anyone's health data or location data. The FTC would have to write rules within 180 days to define what counts as "data," and the ban on brokers would start on the earlier of that final rule or 180 days after enactment. The bill would still allow sharing when a person gives a valid HIPAA-style authorization or when data brokers act under HIPAA rules as covered entities or business associates. Publishing newsworthy information would also remain allowed.

Who counts as a data broker

If enacted, the FTC would define "data broker" as companies that sell personal data they did not collect directly, and the bill lists clear exclusions. Firms that only transmit data at a person's direction, sell products where sensitive data is not the product, publish news or public-interest information, or use public-source information would not be treated as data brokers for this rule. The definition also says obscene visual depictions are not excluded.

New FTC enforcement and penalties

If enacted, the FTC could treat violations as unfair or deceptive acts and use its full FTC Act powers to seek injunctions, fines, data deletion, restitution, and other relief. The bill would also let people sue for violations and let State attorneys general bring parens patriae suits with notice to the Commission. Civil penalties could be added but would be capped at 15% of the ultimate parent company's prior 12-month revenue. Congress would provide $1 billion to the FTC for FY2027 to support the agency's work under the bill, available until September 30, 2035.

Limited preemption of state law

If enacted, the bill would preempt state or local laws only to the extent those laws require disclosures that this federal law prohibits. State or local laws that are consistent with or more protective than this bill would remain in place.

Sponsors & CoSponsors

Sponsor

Scanlon, Mary Gay [D-PA-5]

PA • D

Cosponsors

  • Rep. Velázquez, Nydia M. [D-NY-7]

    NY • D

    Sponsored 6/25/2026

  • Rep. Espaillat, Adriano [D-NY-13]

    NY • D

    Sponsored 6/25/2026

  • Rep. Jayapal, Pramila [D-WA-7]

    WA • D

    Sponsored 6/25/2026

  • Rep. Tlaib, Rashida [D-MI-12]

    MI • D

    Sponsored 6/25/2026

  • Rep. Beatty, Joyce [D-OH-3]

    OH • D

    Sponsored 6/29/2026

  • Rep. Thanedar, Shri [D-MI-13]

    MI • D

    Sponsored 7/22/2026

  • Rep. Quigley, Mike [D-IL-5]

    IL • D

    Sponsored 7/22/2026

  • Rep. Friedman, Laura [D-CA-30]

    CA • D

    Sponsored 7/22/2026

  • Rep. Dexter, Maxine [D-OR-3]

    OR • D

    Sponsored 8/13/2026

  • Rep. Lofgren, Zoe [D-CA-18]

    CA • D

    Sponsored 9/24/2026

Roll Call Votes

No roll call votes available for this bill.

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