Bill · S. 2367· Senate(119-S-2367)
AI Accountability and Personal Data Protection Act
- Introduced
- 7/21/2025
- Last activity
- 7/21/2025 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Josh Hawley
- Cosponsors
- - 0 - 2
- Introduced
- In Committee
What this bill would do
This bill, called the "AI Accountability and Personal Data Protection Act," aims to give people more control over their personal data. It creates a federal tort (legal wrong) for anyone who uses, sells, or otherwise exploits an individual's data without their clear, upfront consent. The bill allows individuals to sue for damages if their data is misused. It also ensures that companies can't force people into arbitration or prevent them from joining class action lawsuits related to data misuse. Lastly, it requires clear disclosure of third parties who will have access to your data.
Yes· 3 of 30
Does this give people more control over their personal data?+9
The bill significantly improves data privacy by requiring explicit consent for data use.
Does this protect people from being watched or searched?+9
The bill greatly improves privacy rights by mandating express consent for data usage.
Does this put more rules on large technology companies?+8
The bill aims to regulate the use of personal data by AI systems, impacting big tech companies.
The opposite
Would business owners be better off under this?-3
The bill may increase compliance costs for business owners, but ensures fair practices.
Would billionaires be better off under this?-2
Billionaires who own companies that utilize data may be negatively affected, due to potential compliance costs.
Who it would affect, and how
Potential Positive Impacts for People
- Private Right of Action (Section 3(b)): Individuals can sue companies that misuse their data without express consent, giving them a way to seek justice and compensation.
- Remedies (Section 3(b)(2)): People who win these lawsuits can recover actual damages, profits gained from the misuse of their data (trebled), or $1,000, whichever is greater, plus punitive damages, attorney's fees, and injunctive relief.
- Affirmative Defense of Consent (Section 3(b)(3)): Companies must prove they obtained clear consent, and consent obtained through trickery or as a condition of using a service (beyond what's necessary) is invalid.
- Inapplicability of the Federal Arbitration Act (Section 3(c)): Prevents companies from forcing individuals into arbitration or barring them from joining class action lawsuits for data misuse claims.
- Specific Disclosure of Third Parties Required (Section 3(d)): Ensures people know exactly who will be using their data by requiring companies to specifically disclose all third parties.
- No Preemption of Existing State Laws (Section 4(a)): States can still enforce their own, potentially stronger, data protection laws.
- Minimum Standard (Section 4(b)): This law sets a baseline, but states can offer even greater data protection.
Potential Negative Impacts for People
- The bill doesn't explicitly define how the term "State" is used in Section 4. RELATIONSHIP TO EXISTING LAW. Without the bill clarifying this term, there may be confusion or legal challenges regarding whether or not territories or other possessions of the U.S. are also given the same flexibility as states to enact their own laws, rules, regulations, or common law doctrines.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For High Income Households+7Good For High Net Worth Individuals+7Good For Middle Aged+7Good For Middle Class Households+7Good For Retirees+7Good For Seniors+7Good For Students+7Good For Ultra High Net Worth Individuals+7Good For Young Adults+7Good For Children+6Good For Rural Residents+6Good For Urban Residents+6Good For African Americans+5Good For Asian Americans+5Good For Hispanic Americans+5Good For Immigrants+5Good For L G B T Q Community+5Good For Low Income Households+5Good For Men+5Good For Native Americans+5Good For People With Disabilities+5Good For Veterans+5Good For White Americans+5Good For Women+5Good For Business Owners-3Good For Billionaires-2
- Education And Technology
- Improves Data Privacy+9Increases Big Tech Regulation+8
- Governance And Ideology
- Improves Privacy Rights+9Increases Federal Power+4Increase States Rights+3
- Economy And Finance
- Improves Consumer Protection+7
- 7/24/2025
- 1 Cosponsor added.
- 7/21/2025
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
Richard BlumenthalDemocrat · Connecticut
Peter WelchDemocrat · Vermont