MY DATA Act of 2025

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6043 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 6043

To prohibit covered entities from preventing the use of certain data by 
                  individuals, and for other purposes.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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''.

SEC. 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.
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