S 4946: Health and Location Data Protection Act of 2026

S 4946 in plain English: This bill would establish data protection requirements specifically for health and location data, restricting how such information can be collected, used, or sold. It appropriates $1,000,000,000 to fund enforcement and implementation of these protections through September 30, 2035.

Stated purpose

To prohibit data brokers from selling, sharing, or transferring people's health and location data, with limited exceptions for HIPAA-compliant actions, journalism, and individual consent.

Key points

• Restricts collection, use, and sale of personal health and location data
• Provides $1,000,000,000 to carry out the bill's data protection requirements through 2035

Arguments supporters make

• People's location data can reveal sensitive details like visits to abortion clinics, mental health facilities, or places of worship, and blocking its sale protects them from real harm.
• Existing laws like HIPAA only cover specific healthcare providers, leaving a large gap that data brokers exploit — this bill closes that gap directly.
• Giving individuals meaningful control over their own sensitive data respects personal privacy as a right, not just a preference.

Arguments opponents make

• A broad ban could disrupt legitimate uses of health and location data, such as disease tracking, emergency response coordination, or medical research that benefits the public.
• The bill gives the FTC broad authority to expand covered data categories through rulemaking, which could create regulatory uncertainty for many industries beyond obvious data brokers.
• Businesses that rely on location or health data for targeted advertising, app development, or analytics could face significant disruption, potentially harming innovation and smaller companies.

Tradeoffs

The bill prioritizes individual privacy over the free flow of health and location data, which means restricting uses — including potentially beneficial ones like public health research — in order to prevent harmful ones like surveillance or targeting of vulnerable people. Stricter federal rules offer uniform protection but may reduce flexibility for states, industries, or researchers with legitimate data needs.

Current status in Congress: In committee.

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