by Kirk Nahra, Ali Jessani, and Samuel Kane
On Wednesday, March 15, the Consumer Financial Protection Bureau (CFPB) announced an inquiry into data brokers, issuing a “Request for Information Regarding Data Brokers and Other Business Practices Involving the Collection and Sale of Consumer Information.” This request for information (RFI) seeks information about: (1) the data broker market generally, including brokers’ information collection practices, the industry’s effects on consumers, and potential safeguards or controls to regulate data broker activity; and (2) individuals’ experiences in interacting with data brokers. The CFPB intends to use responses to the RFI to inform future rulemaking under the Fair Credit Reporting Act (FCRA). Public comments are due by June 13.
While any issuance by the CFPB of data broker regulations is far from imminent, the CFPB’s RFI is indicative of a growing appetite at both the federal and state levels to bring greater oversight to bear not just on data brokers, specifically, but on commercial uses of personal data more generally — a trend that we have seen on display with recent FTC enforcement actions and rulemaking activities, potential federal privacy legislation, and various state privacy law proposals, to name but a few examples. Continue reading