Senators introduce bill to bar social media data from being moved to certain countries

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Social media data bill overview: 

• Who: Sens. Ron Wyden, D-Oregon, and Cynthia Lummis, R-Wyoming, have introduced a bill with the backing of a bipartisan group of senators. 
• Why: The bill updates the Protecting Americans’ Data from Foreign Surveillance Act and aims to prevent social media platforms from being able to move the personal data of U.S. citizens to “high risk” countries. 
• Where: The bill would affect social media users nationwide.

A bipartisan bill is being pushed for legislation that would prevent social media platforms from being able to move the personal data of U.S. citizens to countries that are considered “high risk” by the U.S. Department of Commerce. 

The bill, an updated version of the Protecting Americans’ Data from Foreign Surveillance Act, was introduced June 14 by senators Ron Wyden, D-Oregon, and Cynthia Lummis, R-Wyoming, with the backing of a bipartisan group of senators. 

“Massive pools of Americans’ sensitive information — everything from where we go, to what we buy and what kind of health care services we receive — are for sale to buyers in China, Russia and nearly anyone with a credit card,” Wyden said in a statement. 

The proposed legislation does not go so far as to put an outright ban on TikTok, an idea officials have considered. 

The bill would require commerce officials to define what data is considered “sensitive;” however, supporters of the bill have noted it is designed to cover a wide array of data, even if it is not always considered sensitive under state data security laws, Law360 reports. 

Proposed bill would require officials to determine risk level based on several considerations

Under the proposed law, the Commerce Department would determine a country’s risk level by considering whether it “can compel, coerce or pay a person in that country to disclose personal data,” and “the adequacy and enforcement of the country’s privacy and export control laws.” 

“Our bipartisan bill would turn off the tap of data to unfriendly nations, stop TikTok from sending Americans’ personal information to China and allow nations with strong privacy protections to strengthen their relationships,” Wyden said. 

A spokesperson for TikTok told Law360 the company has an effort underway to shut off any data of its U.S. users from potential Chinese interference by storing it on servers that are based in Texas, as part of “Project Texas.” 

TikTok filed a lawsuit against Montana’s attorney general last month after Gov. Greg Gianforte signed a bill into law banning the operation of the video sharing platform in the state. TikTok is arguing the ban is unconstitutional and preempted by federal law. 

Are you concerned about your social media data being shared with other countries? Let us know in the comments.

Read About More Class Action Lawsuits & Class Action Settlements:

• Peloton class action claims company wiretaps, eavesdrops on customer website chats
• Keller Williams class action alleges realtors place unsolicited calls, texts
• New York & Company class action alleges retailer continues to send text messages after customers opt out
• $20M Microsoft settlement with FTC resolves Xbox Live child data collection lawsuit