II 

114TH CONGRESS 

1ST SESSION S. 668 

To require data brokers to establish procedures to ensure the accuracy of 

collected personal information, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2015 

Mr. MARKEY (for himself, Mr. BLUMENTHAL, Mr. WHITEHOUSE, and Mr. 

FRANKEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To require data brokers to establish procedures to ensure 

the accuracy of collected personal information, and for 

other purposes. 

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 Broker Account5 ability and Transparency Act of 2015’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) COMMISSION.—The term ‘‘Commission’’ 

9 means the Federal Trade Commission. 


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1 (2) COVERED DATA BROKER.— 

2 (A) IN GENERAL.—The term ‘‘covered 

3 data broker’’ includes all data brokers except 

4 those data brokers excepted under subpara5 graph (B). 

6 (B) EXCEPTIONS.—The Commission may 

7 except a data broker if the Commission con8 siders, by rule, a data broker outside the scope 

9 of this Act, such as a data broker who proc10 esses information collected by or on behalf of 

11 and received from or on behalf of a non12 affiliated third party concerning an individual 

13 who is a customer or an employee of that third 

14 party to enable that third party, directly or 

15 through parties acting on its behalf, to provide 

16 benefits for its employees or directly transact 

17 business with its customers. 

18 (3) DATA BROKER.—The term ‘‘data broker’’ 

19 means a commercial entity that collects, assembles, 

20 or maintains personal information concerning an in21 dividual who is not a customer or an employee of 

22 that entity in order to sell the information or provide 

23 third party access to the information. 


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1 (4) NON-PUBLIC INFORMATION.—The term 

2 ‘‘non-public information’’ means information about 

3 an individual that is— 

4 (A) of a private nature; 

5 (B) not available to the general public; and 

6 (C) not obtained from a public record. 

7 (5) PUBLIC RECORD INFORMATION.—The term 

8 ‘‘public record information’’ means information 

9 about an individual that has been obtained originally 

10 from records of a Federal, State, or local govern11 ment entity that are available for public inspection. 

12 SEC. 3. PROHIBITION ON OBTAINING OR SOLICITATION TO 

13 OBTAIN PERSONAL INFORMATION BY FALSE 

14 PRETENSES. 

15 (a) IN GENERAL.—A covered data broker may not 

16 obtain or attempt to obtain, or cause to be disclosed or 

17 attempt to cause to be disclosed to any person, personal 

18 information or any other information relating to any per19 son by making a false, fictitious, or fraudulent statement 

20 or representation to any person, including by providing 

21 any document to any person, that the covered data broker 

22 knows or should know— 

23 (1) to be forged, counterfeit, lost, stolen, or 

24 fraudulently obtained; or 


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1 (2) contains a false, fictitious, or fraudulent 

2 statement or representation. 

3 (b) SOLICITATION.—A covered data broker may not 

4 request a person to obtain personal information, or any 

5 other information, relating to any other person if the cov6 ered data broker knows or should know that the person 

7 to whom the request is made will obtain or attempt to 

8 obtain that information in the manner described in sub9 section (a). 

10 SEC. 4. REQUIREMENTS CONCERNING ACCURACY OF AND 

11 ACCESS TO PERSONAL INFORMATION. 

12 (a) ACCURACY.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), a covered data broker shall establish pro15 cedures to ensure, to the maximum extent prac16 ticable, the accuracy of— 

17 (A) the personal information it collects, as18 sembles, or maintains; and 

19 (B) any other information it collects, as20 sembles, or maintains that specifically identifies 

21 an individual, unless the information only iden22 tifies an individual’s name or address. 

23 (2) EXCEPTION.—A covered data broker may 

24 collect or maintain information that may be inac25 curate with respect to a particular individual if that 


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1 information is being collected or maintained solely 

2 for the purpose of— 

3 (A) indicating whether there may be a dis4 crepancy or irregularity in the personal infor5 mation that is associated with an individual; 

6 (B) helping to identify, or to authenticate 

7 the identity of, an individual; or 

8 (C) helping to protect against or inves9 tigate fraud or other unlawful conduct. 

10 (b) CONSUMER ACCESS.— 

11 (1) IN GENERAL.—Subject to paragraph (4), a 

12 covered data broker shall provide an individual a 

13 means to review any personal information or other 

14 information that specifically identifies that indi15 vidual, that the covered data broker collects, assem16 bles, or maintains on that individual. 

17 (2) REVIEW REQUIREMENTS.—The means for 

18 review under paragraph (1) shall be provided— 

19 (A) at an individual’s request; 

20 (B) after verifying the identity of the indi21 vidual; 

22 (C) at least 1 time per year; 

23 (D) at no cost to the individual; and 


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1 (E) in a format that can be readily under2 stood by a consumer, as determined by the 

3 Commission. 

4 (3) PERIOD OF REVIEW.—A covered data 

5 broker shall provide an individual the means re6 quired under paragraph (1) within such period after 

7 receiving a request from such individual as the Com8 mission shall determine, by rule, is appropriate. 

9 (4) EXCEPTIONS.—The Commission may, by 

10 rule, establish such exceptions to paragraph (1) as 

11 the Commission considers appropriate, such as for 

12 child protection, law enforcement, fraud prevention, 

13 or other government purposes. 

14 (5) LIMITATION ON USE OF VERIFYING INFOR15 MATION.—If a covered data broker collects informa16 tion from an individual to verify the identity of the 

17 individual under paragraph (2)(B) that the data 

18 broker did not have before such collection, the data 

19 broker may not use such information for any pur20 pose other than for purposes of verifying the identity 

21 of the individual under such paragraph. 

22 (c) DISPUTED INFORMATION.— 

23 (1) IN GENERAL.—An individual whose per24 sonal information is maintained by a covered data 

25 broker may dispute the accuracy of any information 


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1 described under subsection (b)(1) by requesting, in 

2 writing, that the covered data broker correct the in3 formation. 

4 (2) CORRECTION REQUIREMENTS.—A covered 

5 data broker, after verifying the identity of an indi6 vidual making a request under paragraph (1) to cor7 rect information, and unless there are reasonable 

8 grounds to believe the request is frivolous or irrele9 vant, shall— 

10 (A) with regard to public record informa11 tion— 

12 (i) inform the individual of the source 

13 of the information and, if reasonably avail14 able, where to direct the individual’s re15 quest for correction; or 

16 (ii) if the individual provides proof 

17 that the public record has been corrected 

18 or that the covered data broker was report19 ing the information incorrectly, correct the 

20 inaccuracy in the covered data broker’s 

21 records; and 

22 (B) with regard to non-public informa23 tion— 


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1 (i) note the information that is dis2 puted, including the individual’s written re3 quest; 

4 (ii) if the information can be inde5 pendently verified, use the procedures es6 tablished under subsection (a) to independ7 ently verify the information; and 

8 (iii) if the covered data broker was re9 porting the information incorrectly, correct 

10 the inaccuracy in the covered data broker’s 

11 records. 

12 (3) PERIOD OF CORRECTION.—In a case in 

13 which a covered data broker is subject to a require14 ment under paragraph (2) due to a request made by 

15 an individual under paragraph (1), such covered 

16 data broker shall take such action as may be re17 quired to satisfy such requirement within such pe18 riod as the Commission shall determine, by rule, is 

19 appropriate. 

20 (d) NOTICE.— 

21 (1) IN GENERAL.—A covered data broker shall 

22 maintain an Internet website and place a clear and 

23 conspicuous notice on that Internet website instruct24 ing an individual how— 


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1 (A) to review information under subsection 

2 (b)(1); and 

3 (B) to express a preference under sub4 section (e)(2). 

5 (2) FORM.—A covered data broker shall ensure 

6 that the notice the covered data broker places under 

7 paragraph (1) conforms to such model form as the 

8 Commission shall promulgate for purposes of this 

9 subsection. 

10 (e) CERTAIN MARKETING INFORMATION.— 

11 (1) IN GENERAL.—A covered data broker may 

12 not use, share, or sell any information for marketing 

13 purposes that is subject to an expressed preference 

14 under paragraph (2). 

15 (2) EXPRESSION OF PREFERENCES.—A covered 

16 data broker that maintains any information de17 scribed under subsection (a) and that uses, shares, 

18 or sells that information for marketing purposes 

19 shall provide each individual whose information the 

20 covered data broker maintains with a reasonable 

21 means of expressing a preference not to have that 

22 individual’s information used for those purposes. 

23 (f) AUDITING.— 

24 (1) IN GENERAL.—Subject to paragraph (2), 

25 each covered data broker shall establish measures 


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1 that facilitate the auditing or retracing of any inter2 nal or external access to, or transmission of, any 

3 data containing personal information collected, as4 sembled, or maintained by the covered data broker. 

5 (2) EXCEPTIONS.—The Commission may estab6 lish, by rule, such exceptions to paragraph (1) as the 

7 Commission considers appropriate to further or pro8 tect law enforcement or national security activities. 

9 (g) PERSONS REGULATED BY THE FAIR CREDIT RE10 PORTING ACT.—A covered data broker shall be considered 

11 to be in compliance with this section with respect to infor12 mation that is subject to the Fair Credit Reporting Act 

13 (15 U.S.C. 1681 et seq.) if the covered data broker is in 

14 compliance with sections 609, 610, and 611 of that Act 

15 (15 U.S.C. 1681g, 1681h, 1681i). 

16 SEC. 5. REGULATIONS. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of the enactment of this Act, the Commission shall 

19 promulgate regulations under section 553 of title 5, 

20 United States Code, to carry out this Act. 

21 (b) ELEMENTS.—The regulations promulgated under 

22 subsection (a) shall include the following: 

23 (1) Such exceptions the Commission considers 

24 appropriate to promulgate under section 2(2)(B). 


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1 (2) The period of review required under section 

2 4(b)(3). 

3 (3) Such exceptions as the Commission con4 siders appropriate to promulgate under section 

5 4(b)(4). 

6 (4) The period of correction required under sec7 tion 4(c)(3). 

8 (5) The model form required by section 4(d)(2). 

9 (6) Requirements for auditing under paragraph 

10 (1) of section 4(f) and such exceptions under para11 graph (2) of such section as the Commission con12 siders appropriate. 

13 (7) Establishment of a centralized Internet 

14 website for the benefit of consumers that— 

15 (A) lists the covered data brokers that are 

16 subject to a requirement of section 4; and 

17 (B) provides information to consumers 

18 about their rights under this Act. 

19 (8) Such other regulations as the Commission 

20 considers appropriate to carry out this Act. 

21 SEC. 6. ENFORCEMENT. 

22 (a) ENFORCEMENT BY FEDERAL TRADE COMMIS23 SION.— 

24 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC25 TICES.—A violation of section 3 or 4 or a regulation 


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1 promulgated under this Act shall be treated as a vio2 lation of a rule defining an unfair or a deceptive act 

3 or practice under section 18(a)(1)(B) of the Federal 

4 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

5 (2) POWERS OF COMMISSION.— 

6 (A) IN GENERAL.—The Commission shall 

7 enforce this Act in the same manner, by the 

8 same means, and with the same jurisdiction, 

9 powers, and duties as though all applicable 

10 terms and provisions of the Federal Trade 

11 Commission Act (15 U.S.C. 41 et seq.) were in12 corporated into and made a part of this Act. 

13 (B) PRIVILEGES AND IMMUNITIES.—Any 

14 person who violates a regulation prescribed 

15 under this Act shall be subject to the penalties 

16 and entitled to the privileges and immunities 

17 provided in the Federal Trade Commission Act 

18 (15 U.S.C. 41 et seq.). 

19 (b) ENFORCEMENT BY STATES.— 

20 (1) CIVIL ACTION.—Except as provided under 

21 paragraph (5), in any case in which the attorney 

22 general of a State has reason to believe that an in23 terest of the residents of that State has been or is 

24 threatened or adversely affected by any person sub25 ject to a provision of section 3 or 4 or a regulation 


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1 promulgated under this Act in a practice that vio2 lates such provision or regulation, the attorney gen3 eral of the State may, as parens patriae, bring a 

4 civil action on behalf of the residents of the State in 

5 an appropriate district court of the United States— 

6 (A) to enjoin further violation of such pro7 vision or regulation by such person; 

8 (B) to compel compliance with such provi9 sion or regulation; 

10 (C) to obtain damages, restitution, or other 

11 compensation on behalf of such residents; 

12 (D) to obtain such other relief as the court 

13 considers appropriate; or 

14 (E) to obtain civil penalties in the amount 

15 determined under paragraph (2). 

16 (2) CIVIL PENALTIES.— 

17 (A) CALCULATION.—For purposes of im18 posing a civil penalty under paragraph (1)(E), 

19 the amount determined under this paragraph is 

20 the amount calculated by multiplying the num21 ber of separate violations of a rule by an 

22 amount not greater than $16,000. 

23 (B) ADJUSTMENT FOR INFLATION.—Be24 ginning on the date that the Consumer Price 

25 Index is first published by the Bureau of Labor 


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1 Statistics that is after 1 year after the date of 

2 enactment of this Act, and each year thereafter, 

3 the amount specified in subparagraph (A) shall 

4 be increased by the percentage increase in the 

5 Consumer Price Index published on that date 

6 from the Consumer Price Index published the 

7 previous year. 

8 (3) RIGHTS OF FEDERAL TRADE COMMIS9 SION.— 

10 (A) NOTICE TO FEDERAL TRADE COMMIS11 SION.— 

12 (i) IN GENERAL.—Except as provided 

13 in clause (iii), the attorney general of a 

14 State shall notify the Commission in writ15 ing that the attorney general intends to 

16 bring a civil action under paragraph (1) 

17 before initiating the civil action. 

18 (ii) CONTENTS.—The notification re19 quired by clause (i) with respect to a civil 

20 action shall include a copy of the complaint 

21 to be filed to initiate the civil action. 

22 (iii) EXCEPTION.—If it is not feasible 

23 for the attorney general of a State to pro24 vide the notification required by clause (i) 

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1 graph (1), the attorney general shall notify 

2 the Commission immediately upon insti3 tuting the civil action. 

4 (B) INTERVENTION BY FEDERAL TRADE

5 COMMISSION.—The Commission may— 

6 (i) intervene in any civil action 

7 brought by the attorney general of a State 

8 under paragraph (1); and 

9 (ii) upon intervening— 

10 (I) be heard on all matters aris11 ing in the civil action; and 

12 (II) file petitions for appeal of a 

13 decision in the civil action. 

14 (4) INVESTIGATORY POWERS.—Nothing in this 

15 subsection may be construed to prevent the attorney 

16 general of a State from exercising the powers con17 ferred on the attorney general by the laws of the 

18 State to conduct investigations, to administer oaths 

19 or affirmations, or to compel the attendance of wit20 nesses or the production of documentary or other 

21 evidence. 

22 (5) PREEMPTIVE ACTION BY FEDERAL TRADE

23 COMMISSION.—If the Commission institutes a civil 

24 action or an administrative action with respect to a 

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1 tion promulgated under this Act, the attorney gen2 eral of a State may not, during the pendency of such 

3 action, bring a civil action under paragraph (1) 

4 against any defendant named in the complaint of the 

5 Commission for the violation with respect to which 

6 the Commission instituted such action. 

7 (6) ACTIONS BY OTHER STATE OFFICIALS.— 

8 (A) IN GENERAL.—In addition to civil ac9 tions brought by attorneys general under para10 graph (1), any other officer of a State who is 

11 authorized by the State to do so may bring a 

12 civil action under paragraph (1), subject to the 

13 same requirements and limitations that apply 

14 under this subsection to civil actions brought by 

15 attorneys general. 

16 (B) SAVINGS PROVISION.—Nothing in this 

17 subsection may be construed to prohibit an au18 thorized official of a State from initiating or 

19 continuing any proceeding in a court of the 

20 State for a violation of any civil or criminal law 

21 of the State. 

22 SEC. 7. EFFECT ON OTHER LAWS. 

23 (a) PRESERVATION OF COMMISSION AUTHORITY.— 

24 Nothing in this Act may be construed in any way to limit 


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1 or affect the Commission’s authority under any other pro2 vision of law. 

3 (b) PRESERVATION OF OTHER FEDERAL LAW.— 

4 Nothing in this Act may be construed in any way to super5 sede, restrict, or limit the application of the Fair Credit 

6 Reporting Act (15 U.S.C. 1681 et seq.) or any other Fed7 eral law. 

Æ 


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