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.

3 Key Points

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.