S5170-118

Introduced

To establish the Data Protection Agency.

118th Congress Introduced Sep 25, 2024

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill creates the Data Protection Agency, a new independent federal agency responsible for regulating how companies collect, use, and share personal data. The agency would have authority to issue rules, conduct examinations of large data aggregators, and enforce federal privacy laws.

Who Benefits and How

Consumers and the general public gain new privacy rights including the ability to access, correct, limit processing of, and request deletion of their personal data. Civil rights groups benefit from provisions requiring the agency to prevent discrimination based on protected classes in data processing. State attorneys general retain authority to enforce these provisions alongside the federal agency.

Who Bears the Burden and How

Large technology companies and data aggregators (those with over $25 million in annual revenue or collecting data on 50,000+ individuals) face significant new compliance requirements including examinations, reporting obligations, risk assessments for high-risk data practices, and potential assessments/fees to fund the agency. The Federal Trade Commission loses its authority to prescribe rules under federal privacy laws (transferred to the new agency).

Key Provisions

  • Creates the Data Protection Agency with a Senate-confirmed Director serving a 5-year term
  • Defines unlawful, unfair, deceptive, abusive, or discriminatory data practices
  • Establishes supervision and examination authority over large data aggregators
  • Authorizes assessments on large data aggregators to fund agency operations
  • Preserves state privacy laws that provide greater protections than federal law

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

Establishes the Data Protection Agency as an independent federal agency to regulate personal data collection, processing, and sharing by data aggregators and enforce federal privacy laws.

Key Policy Areas

Privacy, Technology, Consumer Protection, Civil Rights

Primary Purpose

Establishes the Data Protection Agency as an independent federal agency to regulate personal data collection, processing, and sharing by data aggregators and enforce federal privacy laws.

Policy Domains

Privacy Technology Consumer Protection Civil Rights

Data Protection Act of 2024

Identified Gains
  • Consumers/general public
  • Civil rights advocates
  • Privacy advocacy groups
  • State attorneys general
Model: N/A | Version: bill_summary_v2 | Source: is
Civil rights advocates:
Privacy advocacy groups:
State attorneys general:
Consumers/general public: ,
Identified Costs
  • Large technology companies
  • Data aggregators
  • Federal Trade Commission
Model: N/A | Version: bill_summary_v2 | Source: is
Data aggregators: , ,
Federal Trade Commission:
Large technology companies: ,

Legislative Progress

Introduced
Introduced Committee Passed
Sep 25, 2024

Mrs. Gillibrand introduced the following bill; which was read twice …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Government
11 mentions across 8 clauses
+8 positive -2 negative ?1 uncertain

Congress, Consumer Financial Protection Bureau, Data Protection Agency

Data Protection Agency faces effects in multiple directions

Positive-direction: Congress, FTC and DOJ antitrust divisions, Federal government/new agency employees

Negative-direction: Federal Trade Commission

Data Processing Services
8 mentions across 8 clauses
-8 negative

Data aggregators and service providers, Data aggregators operating in multiple states, Data aggregators under investigation

Technology
8 mentions across 7 clauses
+1 positive -7 negative

Companies pursuing data-related mergers, Large technology companies, Technology and data science professionals

Positive-direction: Technology and data science professionals

Negative-direction: Companies pursuing data-related mergers, Large technology companies, Technology companies, Technology companies collecting personal data, Technology companies under investigation

Consumers
3 mentions across 3 clauses
+3 positive

Consumers and individuals

Professional Services
3 mentions across 3 clauses
+2 positive -1 negative

Privacy and compliance professionals, Privacy and data protection professionals, Third-party vendors and consultants

Positive-direction: Privacy and compliance professionals, Privacy and data protection professionals

Negative-direction: Third-party vendors and consultants

State & Local Government
2 mentions across 1 clause
+2 positive

State attorneys general, State privacy regulators

Civic Organizations
1 mention across 1 clause
+1 positive

Civil rights advocacy groups

16/17
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Privacy Technology Consumer Protection Civil Rights
Actor Mappings
"the_agency"
→ Data Protection Agency
"the_director"
→ Director of the Data Protection Agency

Key Definitions

Terms defined in this bill

5 terms
"Agency" §id7433e58b1a0f4448900ee3da91e188fa

The Data Protection Agency established under section 3

"data aggregator" §id7433e58b1a0f4448900ee3da91e188fa_2

Any person that collects, uses, or shares, in or affecting interstate commerce, an amount of personal data that is not de minimis, as well as entities related to that person by common ownership or corporate control; does not include an individual who collects, uses, or shares personal data solely for non-commercial reasons

"biometric information" §id7433e58b1a0f4448900ee3da91e188fa_3

Information regarding the physiological or biological characteristics of an individual that may be used to establish identity, including genetic data, fingerprints, facial imagery, voice recordings, and derived algorithmic models

"anonymized data" §id7433e58b1a0f4448900ee3da91e188fa_4

Information that does not identify an individual and with respect to which there is no reasonable basis to believe the information can be used to identify an individual

"automated decision system" §id7433e58b1a0f4448900ee3da91e188fa_5

A computational process, including one derived from machine learning, statistics, or other data processing or AI techniques, that automates, analyzes, aids, or augments decisions

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology