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Warren, Scanlon push bill to ban AI firms from selling health data

The Verge AI12h ago5 min read
Warren, Scanlon push bill to ban AI firms from selling health data

Key takeaway

Senator Elizabeth Warren and Representative Mary Gay Scanlon are introducing a revised Health and Location Data Protection Act that would ban the sale of Americans' health and location data, with explicit coverage of information entered into AI chatbots. The move responds to recent launches of health-focused AI tools by companies like OpenAI and Anthropic, which encourage users to upload medical records but offer limited regulatory oversight. The bill earmarks $1 billion(約1600億円) for FTC enforcement over 10 years.

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3 Key Points

  • What happened

    Senator Elizabeth Warren and Representative Mary Gay Scanlon are planning to introduce an updated Health and Location Data Protection Act that would ban companies from selling Americans' health and location data to brokers, with specific coverage of data entered into AI systems like ChatGPT and Claude. The bill is also sponsored by Senators Ron Wyden and Bernie Sanders. The FTC would be required to enact rules within 180 days, and the bill earmarks $1 billion(約1600億円) to the FTC over the next 10 years for enforcement.

  • Why it matters

    AI companies including OpenAI, xAI, and Anthropic have recently introduced health-focused chatbot features and encouraged users to upload sensitive medical records. However, data protection largely depends on what these companies promise in their privacy policies and terms of use, leaving users vulnerable to breaches or unauthorized access. The US currently lacks an overall federal framework for data privacy, making this legislative approach the primary mechanism to protect health information in the AI era.

  • What to watch

    The bill would allow the FTC, state attorneys general, and affected individuals to sue for enforcement, creating multiple avenues for accountability. The 180-day deadline for FTC rule-making means concrete regulatory action could follow relatively quickly if passed.

FAQ

Which AI companies are affected by this bill?
The bill targets any company selling health and location data, including AI chatbots. Specific examples mentioned in the proposal context include ChatGPT Health and ChatGPT for Healthcare from OpenAI, Grok from xAI, and Claude for Healthcare from Anthropic.
How would enforcement work under this bill?
The FTC, state attorneys general, and affected individuals would all be able to sue to enforce the rules. The FTC would have 180 days to enact the rules, and the bill earmarks $1 billion(約1600億円) to the FTC over the next 10 years for enforcement.
What does the current law say about health data and AI?
The US lacks an overall federal framework for data privacy. Data protection for AI tools largely depends on what companies promise in their privacy policies and terms of use, leaving users vulnerable if data breaches or unauthorized access occur.

Discussion

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