United States of America: Introduced Data Care Act of 2023 (S. 744)

On 9 March 2023, the “Bill to establish duties for online service providers with respect to end user data that such providers collect and use” (Data Care Act of 2023) was introduced in the US Senate. The Bill would establish a number of duties of "online service providers", defined as entities conducting business through the internet which collect identifiable information about users, towards their users. The Bill would establish a duty of care for online service providers to take reasonable steps to secure individual identifying data and promptly inform users about data breaches of sensitive information. In addition, the Bill would establish a duty of loyalty prohibiting online service providers from using individual identifying data in ways that harm users. Finally, the Bill establishes a duty of confidentiality requiring online service providers to ensure that provider duties extend to third-party recipients of individual identifying data.