Data Protection Act of 2021
The source supplies the latest action, but no lifecycle stage.
Latest action (17 Jun 2021): Read twice and referred to the Committee on Commerce, Science, and Transportation.
What this bill does
Here's a summary:
**What the bill would do.** The Data Protection Act of 2021 would create a new independent federal agency, the Data Protection Agency, to regulate how businesses and other entities collect, process, and share personal data, with particular attention to "high-risk data practices" such as automated decision-making, biometric data collection, profiling, and use of data involving protected characteristics like race, health status, or disability. The Agency would be led by a Senate-confirmed Director serving a five-year term, supported by a Deputy Director and staff including attorneys, technologists, and data scientists. The Agency would be granted authority to issue rules, guidance, and enforcement actions to implement this Act and a long list of existing federal privacy-related laws (covering areas such as financial data, credit reporting, telemarketing, children's online privacy, and health information).
**Who it affects.** The bill directly affects "data aggregators" — broadly defined as any person or entity, other than individuals acting for non-commercial purposes, that collects, uses, or shares more than a minimal amount of personal data in interstate commerce. It also affects consumers and individuals whose personal data is collected, by creating a regulator focused on privacy harms, discrimination, and data-related risks. Service providers acting on behalf of other data aggregators are also addressed.
**Status and next steps.** The bill was introduced in the Senate on June 17, 2021, by Senator Kirsten Gillibrand and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote and has not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Data Protection Act of 2021 This bill establishes the Data Protection Agency, an independent agency to regulate specified high-risk data practices and the collection, processing, and sharing of personal data. This includes the transfer of the powers and duties with respect to specified federal privacy laws from the Federal Trade Commission to the agency. Among other functions, the agency must oversee the use of high-risk data practices, which include (1) using automated decision systems, such as machine learning; (2) profiling individuals on a large scale; (3) and processing personally identifying biometric information, such as genetic data. The agency also must prevent and remediate specified privacy harms (i.e., commercial practices that may lead to an adverse outcomes resulting from the collection, processing, or sharing of personal data). The agency is authorized to collect fees from large data aggregators (i.e., large commercial entities that collect, use, or share the personal data). The agency also may require periodic reports and conduct periodic examinations of large data aggregators. The bill authorizes the agency to prescribe rules, issue orders, and otherwise enforce violations of this bill and other privacy laws.
Timeline
17 Jun 2021
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Common questions
- What does S. 2134 do?
- Here's a summary: **What the bill would do.** The Data Protection Act of 2021 would create a new independent federal agency, the Data Protection Agency, to regulate how businesses and other entities collect, process, and share personal data, with particular attention to "high-risk data practices" such as automated decision-making, biometric data collection, profiling, and use of data involving protected characteristics like race, health status, or disability. The Agency would be led by a Senate-confirmed Director serving a five-year term, supported by a Deputy Director and staff including attorneys, technologists, and data scientists. The Agency would be granted authority to issue rules, guidance, and enforcement actions to implement this Act and a long list of existing federal privacy-related laws (covering areas such as financial data, credit reporting, telemarketing, children's online privacy, and health information). **Who it affects.** The bill directly affects "data aggregators" — broadly defined as any person or entity, other than individuals acting for non-commercial purposes, that collects, uses, or shares more than a minimal amount of personal data in interstate commerce. It also affects consumers and individuals whose personal data is collected, by creating a regulator focused on privacy harms, discrimination, and data-related risks. Service providers acting on behalf of other data aggregators are also addressed. **Status and next steps.** The bill was introduced in the Senate on June 17, 2021, by Senator Kirsten Gillibrand and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote and has not become law.
- Has S. 2134 become law?
- The source does not supply a confirmed lifecycle stage for S. 2134. Check the latest action and official source below.
- Who sponsored S. 2134?
- S. 2134 was sponsored by Sen. Gillibrand, Kirsten E. [D-NY] (D-NY), with 1 cosponsor.
- What's the latest action on S. 2134?
- Read twice and referred to the Committee on Commerce, Science, and Transportation. (17 Jun 2021).
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