(1) IN GENERAL.—A covered entity may not 
prevent an individual from using de-identified data 
or cloaked data. 
(2) EXCEPTION.—The prohibition described in 
paragraph (1) does not apply to a covered entity to 
the extent that the covered entity acts as a service 
provider. 
(b) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a)(1) shall be 
treated as a violation of a regulation under section 
18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or decep-
tive acts or practices. 
(2) POWERS OF THE COMMISSION.—The Fed-
eral Trade Commission shall enforce subsection 
(a)(1) in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this 
section, and any person who violates subsection 
(a)(1) shall be subject to the penalties and entitled 
VerDate Sep 11 2014 
01:25 Nov 13, 2025
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6043.IH
H6043
ssavage on LAPJG3WLY3PROD with BILLS
to the privileges and immunities provided in the 
Federal Trade Commission Act. 
(c) DEFINITIONS.—In this section: 
(1) CLOAKED DATA.—The term ‘‘cloaked data’’ 
means unique persistent identifiers that serve to 
adequately replace and conceal the covered data and 
identity of an individual while enabling communica-
tion between a covered entity and the individual. 
(2) COVERED DATA.—The term ‘‘covered data’’ 
means information that identifies or is linked or rea-
sonably linkable (alone or in combination with other 
information) to an individual (or a device that iden-
tifies or is linked or reasonably linkable to an indi-
vidual). 
(3) COVERED ENTITY.— 
(A) IN GENERAL.—The term ‘‘covered en-
tity’’ means any person (other than an indi-
vidual acting in a non-commercial context) who 
(alone or jointly with others) collects, processes, 
or transfers covered data. 
(B) EXCLUSIONS.—The term ‘‘covered en-
tity’’ does not include any of the following: 
(i) A Federal, State, or local govern-
ment entity, such as a body, authority, 
board, bureau, commission, district, agen-
VerDate Sep 11 2014 
01:25 Nov 13, 2025
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6043.IH
H6043
ssavage on LAPJG3WLY3PROD with BILLS
cy, or political subdivision of the Federal 
Government or a State or local govern-
ment. 
(ii) An entity that serves as a congres-
sionally designated nonprofit, national re-
source center, and clearinghouse to provide 
assistance to victims, families, child-serving 
professionals, and the general public on 
issues relating to missing and exploited 
children. 
(4) DE-IDENTIFIED DATA.—The term ‘‘de-iden-
tified data’’ means information that does not iden-
tify and is not linked or reasonably linkable to an in-
dividual (or a device that identifies or is linked or 
reasonably linkable to an individual), regardless of 
whether such information is aggregated. 
(5) UNIQUE
PERSISTENT
IDENTIFIER.—The 
term ‘‘unique persistent identifier’’ means an identi-
fier— 
(A) to the extent that such identifier is 
linked or reasonably linkable to an individual 
(or a device that identifies or is linked or rea-
sonably linkable to an individual); and 
VerDate Sep 11 2014 
01:25 Nov 13, 2025
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6043.IH
H6043
ssavage on LAPJG3WLY3PROD with BILLS
(B) that is created uniquely for commu-
nication between such individual and a covered 
entity. 
Æ 
VerDate Sep 11 2014 
01:25 Nov 13, 2025
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H6043.IH
H6043
ssavage on LAPJG3WLY3PROD with BILLS