H.R. 6043

119 HR 6043 IH: Manage Your Data and Allow Only Trusted Access Act of 2025
 U.S. House of Representatives
 2025-11-12
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 6043  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.
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  .
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.