Information Brokers: Federal and State Laws

Publication Date: May 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Media, telecommunications, and information

Type:

Abstract:

Media reports concerning the theft of a number of files from major information brokers (also known as data brokers or data merchants), such as ChoicePoint, have brought consumer information privacy to the forefront of the congressional agenda. While there are currently no federal laws specifically related to the information gathering and brokerage industry, there are federal laws that could be applicable depending on the type of information in question and the character of the organization collecting and disseminating the information. This report discusses the federal and state laws that could be applicable to information brokers and legislation that has been introduced to address consumer concerns about the practice of information gathering, the selling of consumer information, and identity theft resulting from security breaches (S. 115, S. 500, S. 751, S. 768, H.R. 1080). The report will be updated as events warrant.