II 

118TH CONGRESS 

1ST SESSION S. 688 

To impose notice and consent requirements on internet platforms that use 

algorithms to manipulate the availability of content on the platform. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2023 

Mr. SCOTT of Florida introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To impose notice and consent requirements on internet platforms that use algorithms to manipulate the availability 

of content on the platform. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Data and Algorithm 

5 Transparency Agreement Act’’ or the ‘‘DATA Act’’. 


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1 SEC. 2. NOTICE AND CONSENT REQUIREMENTS FOR INTER2 NET PLATFORMS THAT USE ALGORITHMS TO 

3 MANIPULATE THE AVAILABILITY OF PLAT4 FORM CONTENT. 

5 (a) IN GENERAL.—Beginning 1 year after the date 

6 of enactment of this Act, any covered platform shall com7 ply with the requirements of subsection (c). 

8 (b) DEFINITIONS.—In this Act: 

9 (1) COVERED DATA.—The term ‘‘covered data’’ 

10 means, with respect to an individual, data regarding 

11 the habits, traits, preferences, beliefs, or location of 

12 the individual. 

13 (2) COVERED PLATFORM.—the term ‘‘covered 

14 platform’’ means a public-facing website, internet 

15 application, or mobile internet application, including 

16 a social network, video sharing service, ad network, 

17 mobile operating system, search engine, email serv18 ice, or internet access service that— 

19 (A) has not less than 30,000,000 active 

20 monthly users in the United States; and 

21 (B) uses an algorithm to increase or de22 crease the availability of content on the website 

23 or application. 

24 (c) REQUIREMENTS.— 

25 (1) NO COLLECTION OF COVERED DATA WITH26 OUT CONSENT.— 


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1 (A) IN GENERAL.—A covered platform 

2 shall not collect any covered data of an indi3 vidual without obtaining the individual’s express 

4 consent for such data collection. 

5 (B) REVOCATION OF CONSENT; RIGHT TO

6 DELETE.—A covered platform shall— 

7 (i) allow any individual to revoke or 

8 withdraw the individual’s prior consent to 

9 the covered platform collecting the individ10 ual’s covered data; and 

11 (ii) at the request of an individual, de12 lete any covered data of the individual col13 lected or held by the platform. 

14 (2) NO SALE, SHARING, OR CONVEYANCE OF

15 DATA WITHOUT CONSENT.— 

16 (A) IN GENERAL.—A covered platform 

17 shall not sell, share, or otherwise convey to a 

18 third party entity any covered data of an indi19 vidual without obtaining the individual’s express 

20 consent. 

21 (B) REVOCATION OF CONSENT.—A covered 

22 platform shall allow any individual to revoke or 

23 withdraw the individual’s prior consent to any 

24 sale, sharing, or conveyance of the individual’s 

25 covered data. 


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1 (3) NOTICE OF REQUIREMENTS.— 

2 (A) IN GENERAL.—A covered platform 

3 shall provide notice to users of the platform of 

4 the requirements described in paragraphs (1) 

5 and (2). 

6 (B) MANNER OF NOTIFICATION.—The no7 tice required under subparagraph (A) shall con8 tain the information described in subparagraph 

9 (C) and shall be provided by a covered platform 

10 to a user— 

11 (i) in plain language and in a con12 spicuous manner; 

13 (ii) in addition to any notice relating 

14 to the terms of service of the platform; 

15 (iii) each time the user logs in to the 

16 platform unless the user affirmatively 

17 waives receiving the notice; and 

18 (iv) each time the platform modifies 

19 its terms of service. 

20 (C) CONTENTS OF NOTIFICATION.—A no21 tice required under this paragraph shall include 

22 the following: 

23 (i) With respect to the collection of 

24 covered data by a covered platform— 


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1 (I) the type of data to be col2 lected; 

3 (II) whether the collection of 

4 data will continue beyond the user’s 

5 immediate use of the covered plat6 form; and 

7 (III) how the data will be used by 

8 the covered platform. 

9 (ii) With respect to the sale, sharing, 

10 or conveyance of covered data by a covered 

11 platform— 

12 (I) the specific data that will be 

13 sold, shared, or otherwise conveyed to 

14 a third party entity; 

15 (II) the name of any third party 

16 entity to which data will be sold, 

17 shared, or otherwise conveyed; and 

18 (III) the country of origin of the 

19 third party entity to which the data 

20 will be sold, shared, or conveyed. 

21 SEC. 3. ENFORCEMENT. 

22 (a) ENFORCEMENT BY THE FEDERAL TRADE COM23 MISSION.— 

24 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of this Act or a regulation proVerDate Sep 11 2014 00:18 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S688.IS S688

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1 mulgated under this Act shall be treated as an un2 fair or deceptive act or practice in violation of a rule 

3 promulgated under section 18(a)(1)(B) of the Fed4 eral Trade Commission Act (15 U.S.C. 

5 57a(a)(1)(B)). 

6 (2) POWERS OF THE COMMISSION.— 

7 (A) IN GENERAL.—The Federal Trade 

8 Commission shall enforce this Act and any reg9 ulation promulgated under this Act in the same 

10 manner, by the same means, and with the same 

11 jurisdiction, powers, and duties as though all 

12 applicable terms and provisions of the Federal 

13 Trade Commission Act (15 U.S.C. 41 et seq.) 

14 were incorporated into and made a part of this 

15 Act. 

16 (B) PRIVILEGES AND IMMUNITIES.—Any 

17 covered entity who violates this Act or a regula18 tion promulgated under this Act shall be sub19 ject to the penalties and entitled to the privi20 leges and immunities provided in the Federal 

21 Trade Commission Act (15 U.S.C. 41 et seq.). 

22 (b) PRIVATE RIGHT OF ACTION.— 

23 (1) IN GENERAL.—An individual alleging a vio24 lation of this Act may bring a civil action in any 

25 court of competent jurisdiction, State or Federal. 


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1 (2) INJURY IN FACT.—A violation of this Act 

2 with respect to the requirements to notify and obtain 

3 the express consent of the user before the user’s 

4 data may be collected, sold, shared, or otherwise 

5 conveyed to a third-party entity constitutes a con6 crete and particularized injury in fact to that indi7 vidual. 

8 (3) RELIEF.—In a civil action brought under 

9 paragraph (1) in which the plaintiff prevails, the 

10 court shall award— 

11 (A) the greater of— 

12 (i) not less than $5,000; and 

13 (ii) actual damages; and 

14 (B) reasonable attorney’s fees and litiga15 tion costs. 

16 (c) RULEMAKING.—The Federal Trade Commission 

17 shall promulgate in accordance with section 553 of title 

18 5, United States Code, such rules as may be necessary 

19 to carry out this Act. 

Æ 


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