DELETE Act
- Bill Number
- H.R. 2612
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-04-02: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-01-21T05:06:17Z
AI-Generated Summary
Purpose
The DELETE Act (Data Elimination and Limiting Extensive Tracking and Exchange Act) aims to enhance consumer privacy by creating a federal system that allows individuals to easily request the deletion of their personal information from data brokers. Data brokers are companies that collect and sell personal data on people they don't directly interact with, such as through online tracking. The law seeks to simplify privacy controls, reduce unwanted data collection, and increase transparency in the data broker industry.
Key Provisions
- Data Broker Registration: Data brokers must register annually with the Federal Trade Commission (FTC) within 18 months of the law's enactment. Registration includes details like contact information, opt-out methods (ways for people to stop data collection), data types collected, sources of data, and any verification processes for data users. Trade secrets are protected from disclosure. The FTC must make this information publicly available online in an easy-to-download format, with a disclaimer about its accuracy.
- Centralized Data Deletion System: The FTC must establish an online system within one year where individuals can submit a single request to delete their personal information from all registered data brokers and stop future collection. Key features include:
- Secure handling of requests using "hashing" (a secure, one-way method to anonymize data like emails or addresses for matching without revealing identities) and "salting" (adding random data to enhance security).
- A standardized form for submissions, free of charge, via the FTC's website.
- Data brokers must check the system monthly for matches and delete relevant data within 31 days, confirming deletions to the FTC.
- Exceptions allow retention for legal requirements (e.g., court orders), human research (studies on living people with ethical protections), or fraud prevention, but only for those specific uses.
- Data brokers pay a small annual fee (capped at 1% of system costs) to access the hashed database for compliance.
- Compliance and Reporting: Data brokers must submit annual reports on deletion completion rates and undergo independent audits every three years, retaining records for six years. The FTC provides guidance on compliance.
- Enforcement: Violations are treated as unfair or deceptive practices under the FTC Act, allowing the FTC to investigate, fine, and enforce like other consumer protection laws. The FTC has rulemaking authority to implement details.
- Study and Reporting: The FTC must study the system's effectiveness, deletion request volumes, and state coordination, reporting annually to Congress for five years with recommendations.
- Preemption: The law overrides conflicting state privacy laws but allows states to maintain stronger protections.
- Definitions: Key terms include:
- Personal information: Any data linked to an individual, such as names, addresses, financial details, browsing history, or inferred profiles (e.g., predictions about behavior).
- Delete: Permanently remove data so it can't be retrieved or used.
- Exclusions for data brokers: The term doesn't apply to journalists, credit agencies, or directory services.
Significant Changes to Existing Law
This bill introduces new federal requirements not currently mandated nationwide. Unlike existing laws like the California Consumer Privacy Act (which allows opt-outs but varies by state), it creates a uniform, centralized federal deletion mechanism. It expands FTC authority over data brokers, which previously lacked comprehensive registration or deletion mandates. It also standardizes secure querying for data brokers to avoid collecting opted-out data, changing how they verify compliance from ad-hoc methods to a government-run system.
Potential Impacts
- Government Agencies: The FTC gains significant new responsibilities, including building and maintaining the deletion system, processing registrations, conducting studies, and enforcing compliance. Funding comes from broker fees, reducing taxpayer burden, but it may strain resources initially.
- Citizens: Individuals gain easier control over their data through a one-stop federal portal, potentially reducing identity theft risks and unwanted tracking. However, it relies on accurate submissions and broker compliance, and exclusions (e.g., for legal needs) limit full erasure in some cases.
- International Relations: Minimal direct impact, though it could influence global data privacy standards by pressuring international data brokers operating in the U.S. to comply, aligning with laws like Europe's GDPR (General Data Protection Regulation, which emphasizes data deletion rights).
Main Stakeholders Affected
- Individuals/Consumers: Primary beneficiaries, enabling simpler privacy requests without contacting each broker individually.
- Data Brokers: Companies like Acxiom or Experian face registration, deletion obligations, audits, and fees, increasing operational costs but providing a compliance tool.
- Federal Trade Commission (FTC): Oversees implementation, enforcement, and public education.
- States and State Agencies: Can maintain or enhance their privacy laws if they offer more protection, but must coordinate with the federal system.
- Businesses and Third Parties: Entities buying data (e.g., advertisers) may see reduced availability of opted-out information, affecting marketing practices.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens FTC enforcement powers under existing consumer protection frameworks without creating a new agency. Preemption clause balances federal uniformity with state innovation, potentially leading to legal challenges if states argue their laws provide "greater protection." Audits and reports promote accountability but raise questions about protecting broker confidentiality.
- Constitutional: Aligns with privacy expectations under the Fourth Amendment (protection against unreasonable searches) by empowering individuals against commercial data collection, though it doesn't directly address government surveillance. No major First Amendment issues, as exclusions protect journalism and public interest uses.
- Political: Represents a bipartisan push for privacy in a divided Congress, potentially setting a precedent for broader data regulation. It could spark debates on industry burdens versus consumer rights, influencing future bills on AI or surveillance. Annual FTC reports to Congress ensure ongoing oversight, fostering transparency in policy evolution.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-04-02: Referred to the House Committee on Energy and Commerce.
- 2025-04-02: Introduced in House
- 2025-04-02: Introduced in House
Bill Versions
- Data Elimination and Limiting Extensive Tracking and Exchange Act — issued 2025-04-02 — PDF (22 pages)