UPHOLD Privacy Act of 2023
The source supplies the latest action, but no lifecycle stage.
Latest action (2 Mar 2023): Read twice and referred to the Committee on Commerce, Science, and Transportation.
What this bill does
The UPHOLD Privacy Act of 2023 would establish new rules for how certain commercial entities and data brokers handle personal health and location data. It would prohibit these entities from collecting, keeping, using, or sharing such data unless they have explicit written consent from the individual or if it's absolutely necessary to provide a requested service. The bill also aims to prevent the sale of location data by or to data brokers and prohibits commercial advertising using personal health data.
This legislation would affect commercial entities, individuals, nonprofits, and common carriers, but would not apply to healthcare providers or insurance plans already covered by HIPAA. Individuals would gain the right to access and delete their health and location data held by these entities. The Federal Trade Commission (FTC) would be responsible for enforcing the bill, with individuals also having the ability to bring private lawsuits.
As of March 2, 2023, the bill was introduced in the Senate and has been referred to the Committee on Commerce, Science, and Transportation. It will need to be considered and passed by the committee, and then by the full Senate, before it could move to the House of Representatives for consideration.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Upholding Protections for Health and Online Location Data Privacy Act of 2023 or the UPHOLD Privacy Act of 2023
This bill restricts the collection, retention, use, and disclosure of personal health data by certain commercial entities (as well as individuals, nonprofits, and common carriers). The bill does not apply to health providers, insurance plans, or related business associates that are subject to the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Specifically, commercial entities may not collect, retain, use, or disclose personal health data except (1) with the express written consent of the individual to whom such information relates, or (2) as is strictly necessary to provide a requested product or service. Such entities must (1) provide a reasonable means for individuals to access and delete their health data, and (2) maintain and publish a privacy policy disclosing their practices for handling personal health data.
Additionally, the bill prohibits commercial entities from using personal health data for commercial advertising.
The bill also prohibits the sale of location data to or by data brokers, including data volunteered by an individual, data derived from a medical center, data from a wearable fitness tracker, and data from web browsing history.
The bill provides for enforcement by the Federal Trade Commission and by private civil actions.
Timeline
2 Mar 2023
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Common questions
- What does S. 631 do?
- The UPHOLD Privacy Act of 2023 would establish new rules for how certain commercial entities and data brokers handle personal health and location data. It would prohibit these entities from collecting, keeping, using, or sharing such data unless they have explicit written consent from the individual or if it's absolutely necessary to provide a requested service. The bill also aims to prevent the sale of location data by or to data brokers and prohibits commercial advertising using personal health data. This legislation would affect commercial entities, individuals, nonprofits, and common carriers, but would not apply to healthcare providers or insurance plans already covered by HIPAA. Individuals would gain the right to access and delete their health and location data held by these entities. The Federal Trade Commission (FTC) would be responsible for enforcing the bill, with individuals also having the ability to bring private lawsuits. As of March 2, 2023, the bill was introduced in the Senate and has been referred to the Committee on Commerce, Science, and Transportation. It will need to be considered and passed by the committee, and then by the full Senate, before it could move to the House of Representatives for consideration.
- Has S. 631 become law?
- The source does not supply a confirmed lifecycle stage for S. 631. Check the latest action and official source below.
- Who sponsored S. 631?
- S. 631 was sponsored by Sen. Klobuchar, Amy [D-MN] (D-MN), with 2 cosponsors.
- What's the latest action on S. 631?
- Read twice and referred to the Committee on Commerce, Science, and Transportation. (2 Mar 2023).
Related bills in Commerce
Critical Infrastructure Manufacturing Feasibility Act
Cybersecurity for Small Businesses Act of 2026
Combating Foreign Threats to Main Street Act of 2026
Small Business Payment for Performance Act of 2026
More bills from Sen. Klobuchar, Amy [D-MN]
Visitable Inclusive Tax credits for Accessible Living (VITAL) Act
A bill to designate the facility of the United States Postal Service located at 200 1st Avenue Southeast in Austin, Minnesota, as the "John Madden Memorial Post Office".
Lainie Jones Comprehensive Cancer Survivorship Act of 2026
SEARCH Act of 2026
Bill100 mirrors the public U.S. legislative record from Congress.gov and GovTrack and adds plain-English AI summaries. It is an information tool, not legal, compliance or lobbying advice, and it is not affiliated with the U.S. Congress or any government agency. AI summaries can simplify or omit detail — every bill links to the official source; verify there before you rely on it.