For decades, Congress has tried and failed to give Americans control over their own personal data: the right to see it, correct it, and delete it at will. This inaction has left Americans with no recourse against misuse of their own data, while the data broker industry quietly continues to collect and sell the personal information of millions, operating in a largely unchecked gray market. Now, two new bills, the SECURE Data Act and the GUARD Financial Data Act, offer the latest test of whether Washington can step up and finally pull data brokers out of the shadows and into the reach of the law. Efforts to prevent the SECURE Data Act " or any federal protections " from being enacted are currently on full display. Exacerbating the situation and further endangering consumers, there is an entire category of companies that have deliberately avoided being classified as data brokers in an effort to skirt even the patchwork of state-level regulations. Unlike traditional data brokers, massive data aggregators don't sell your name and address to the highest bidder. Instead, they operate quietly, harvesting your data from across the internet, then assembling it into risk scores, behavioral profiles, and assessments of your creditworthiness. These opaque calculations increasingly govern your real-world outcomes, including whether you're approved for a mortgage, the interest rates on your auto loan, and what services or products are marketed to you.
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