119-hr6043

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6043 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 6043

To prohibit covered entities from preventing the use of certain data by 
 individuals, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 November 12, 2025

 Mrs. Trahan introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 A BILL

To prohibit covered entities from preventing the use of certain data by 
 individuals, and for other purposes.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Manage Your Data and Allow Only 
Trusted Access Act of 2025'' or the ``MY DATA Act of 2025''.

SEC. 2. PROHIBITION ON COVERED ENTITY ACTION AGAINST CONSUMER PRIVACY.

    (a) Prohibition.--

    (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 Commission.--

    (1) Unfair or deceptive acts or practices.--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 
 deceptive acts or practices.

    (2) Powers of the commission.--The Federal 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 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 communication between a covered entity and the 
 individual.

    (2) Covered data.--The term ``covered data'' means 
 information that identifies or is linked or reasonably linkable 
 (alone or in combination with other information) to an 
 individual (or a device that identifies or is linked or 
 reasonably linkable to an individual).

    (3) Covered entity.--
        (A) In general.--The term ``covered entity'' means 
 any person (other than an individual acting in a non-
 commercial context) who (alone or jointly with others) 
 collects, processes, or transfers covered data.
        (B) Exclusions.--The term ``covered entity'' does 
 not include any of the following:
            (i) A Federal, State, or local government 
 entity, such as a body, authority, board, 
 bureau, commission, district, agency, or 
 political subdivision of the Federal Government 
 or a State or local government.
            (ii) An entity that serves as a 
 congressionally designated nonprofit, national 
 resource 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-identified data'' 
 means information that does not identify and is not linked or 
 reasonably linkable to an individual (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 identifier--
        (A) to the extent that such identifier is linked or 
 reasonably linkable to an individual (or a device that 
 identifies or is linked or reasonably linkable to an 
 individual); and
        (B) that is created uniquely for communication 
 between such individual and a covered entity.
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