The practice of collecting, profiling and selling personal information gathered from Internet users is very common. Consumer profile lists are often one of the most valued assets of a retailing or marketing firm. Many companies have been criticized for compiling detailed profiles of users without their knowledge. Firms use algorithms to determine which ad to display on a consumer’s device, or to predict their buying habits. These formulas can be used to create a digital picture of a viewer to infer race, gender or sexual orientation, among other things. Critics claim this technology has the potential to eclipse longstanding civil rights protections in how personal information is used in housing, credit, employment, health, education and the marketplace. They say algorithm data can also be used to discriminate and to make judgments, right or wrong, about who is likely to show up at work, pay their mortgage on time, or require expensive medical treatment.

The U.S. currently has no comprehensive data privacy laws and with the rise of AI and other technologies, consumers are vulnerable to fraud, security breaches, and predatory behavior online. Data collectors claim they provide a beneficial service and that collecting consumer data is protected by our First Amendment. Critics believe that collecting data about our online behavior in an invasion of our right to privacy. They believe that only consumers should decide whether their profiles are collected, personalized or sold.

Pending Legislation: S.3337 - DATA Privacy Act
Sponsor: Sen. Catherine Cortez Masto (NV)
Status: Senate Committee on Commerce, Science, and Transportation
Chair: Sen. Maria Cantwell (WA)