UPHOLD Privacy Act of 2023 Upholding Protections for Health and Online Location Data Privacy Act of 2023
Impact
The bill would reinforce individuals' rights regarding their personal data, ensuring that they have the ability to access their health and location information stored by covered entities. Additionally, it empowers individuals to request deletion of their data, thus aiming to enhance the accountability of entities in handling sensitive data. There is a strong focus on ensuring that data is not exploited for commercial purposes without the individual's knowledge and consent.
Summary
Senate Bill 631, known as the UPHOLD Privacy Act of 2023, aims to protect the privacy of personally identifiable health and location data. The bill sets forth prohibitions against the use of health data for commercial advertising and establishes requirements for entities that handle such data to minimize its collection, retention, and use. It mandates that organizations must secure express consent from individuals before collecting or disclosing their health data or location data.
Contention
Several points of contention arise around the enforcement mechanisms and definitions outlined in the bill. Some stakeholders argue that the provisions could hinder legitimate health services and research efforts due to stringent regulations that might be interpreted as overly cautious or restrictive. Furthermore, the relationship between federal and state laws is a notable topic, as the bill specifies that it does not preempt state laws that afford greater privacy protections, raising questions about jurisdiction and regulatory complexity.
Legal Workforce Act This bill directs the Department of Homeland Security (DHS) to create an electronic employment eligibility confirmation system modeled after and to replace the E-Verify system, which allows employers and recruiters to verify the immigration status of individuals. The bill also mandates the use of such a system, where currently only some employers, such as those with federal contracts, are required to use E-Verify. The bill specifies documents that can establish an individual's identity and employment authorization. During the period starting when a job offer is made until three business days after hiring, the individual must attest to his or her employment authorization, and the employer or recruiter must attest that it has examined the individual's required documents. Employers shall reverify certain types of employees who were not previously verified using E-verify. The Social Security Administration shall notify employees if their Social Security number has been used multiple times in an unusual manner. DHS shall establish programs for blocking and suspending misused numbers. Employers that are required to use the verification system shall not be liable for any employment-related action based on a good-faith reliance on the information from the system. The bill establishes a phased-in participation deadline for different categories of employers, including agricultural employers. The bill increases civil penalties related to hiring individuals without work authorization. It also preempts state laws relating to hiring and employment eligibility verification, but states may use their authority of business licensing to penalize employers for failing to comply with the bill's provisions.