Protecting Military Servicemembers' Data Act of 2023
Impact
The bill has significant implications for existing state and federal laws regarding data privacy. It establishes that violations of this provision will be treated similarly to violations of the Federal Trade Commission Act, meaning the Federal Trade Commission (FTC) will have the authority to enforce this law. States will also have a role in enforcement, as attorneys general can bring civil actions on behalf of their residents if they suspect data brokers are violating these rules. This is anticipated to empower states and enhance overall data protection measures specifically aimed at servicemembers.
Summary
House Bill 6573, known as the Protecting Military Servicemembers' Data Act of 2023, aims to prohibit data brokers from selling or distributing lists of military servicemembers to covered nations. This legislation is intended to enhance the privacy and security of servicemembers by preventing sensitive data from being exploited by foreign entities. The bill specifies that any form of trade, license, or provision of these lists for consideration is illegal, which emphasizes its focus on protecting this vulnerable population from unauthorized data externalities.
Contention
Although there is general bipartisan support for safeguarding the data of military personnel, concerns may arise surrounding the definitions of 'data brokers' and 'covered nations' stated in the bill. Critics could argue the need for clearer distinctions to avoid unintended consequences affecting legitimate data transactions not aimed at harming servicemembers. Additionally, some may question the efficacy of solely using regulatory measures; proponents could argue that more strict penalties should be in place to deter violations by data brokers.