H.R. 6043: Manage Your Data and Allow Only Trusted Access Act of 2025

This bill, known as the Manage Your Data and Allow Only Trusted Access Act of 2025 or the MY DATA Act of 2025, aims to enhance individual control over personal data by prohibiting certain actions by organizations that handle data. The main provisions of the bill can be summarized as follows:

Prohibition on Data Usage Restrictions

The bill establishes that covered entities, which are organizations that collect or manage personal data, cannot prevent individuals from using their own de-identified or cloaked data. This means that if a person wants to use general data about themselves that does not directly identify them, or data that is obscured but still relevant, organizations cannot stop them from doing so.

Exceptions for Service Providers

There is an exception included in the bill for covered entities that operate as service providers. This means that if an organization is acting in a capacity to provide a service rather than solely managing data, they may not be held to the same restrictions.

Enforcement

The Federal Trade Commission (FTC) is tasked with enforcing this provision. Violating the prohibition against restricting data usage would be treated as a deceptive practice under existing regulations. This allows the FTC to apply its usual enforcement powers and penalties to those who do not comply with the law.

Definitions of Key Terms

• Cloaked Data: Unique identifiers that conceal a person's identity but still allow communication between the individual and a covered entity.
• Covered Data: Any information that can identify an individual, either by itself or when combined with other information.
• Covered Entity: Any organization that collects or processes covered data, excluding government entities and certain non-profit organizations.
• De-identified Data: Data that cannot identify an individual, regardless of whether it is aggregated.
• Unique Persistent Identifier: A type of identifier that is linked to an individual and created specifically for communication purposes.

Impact Summary

The legislation seeks to provide individuals with greater autonomy over their data by preventing organizations from interfering with the use of non-identifiable information. The enforcement mechanism proposed is meant to ensure compliance and protect individuals' rights concerning their data.

Relevant Companies

None found