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Schatz, Dems Refile Duty of Care Bill for Social Media

Senate Democrats reintroduced legislation Thursday to impose a duty of care on social media platforms to ensure data is handled securely. Sen. Brian Schatz, D-Hawaii, led 19 Democrats in reintroducing the Data Care Act. The bill would subject platforms to…

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FTC and state enforcement, granting the FTC rulemaking authority to implement the new law. It establishes duties of care, loyalty and confidentiality, meaning platforms would have to take “reasonable” steps to protect user data. Those duties extend to third parties like data brokers. Violation of those duties could mean FTC fines and/or civil enforcement action from state attorneys general.