What does Preamble of S 2367 do?

This bill establishes a federal tort related to the appropriation, use, collection, processing, sale, or other exploitation of individuals' data. The tort applies when such actions occur without express, prior consent.

What does SHORT TITLE. of S 2367 do?

This bill is formally titled the AI Accountability and Personal Data Protection Act.

What does DEFINITIONS. of S 2367 do?

This section defines key terms used throughout the Act. “Appropriate, use, collect, process, sell, or otherwise exploit” includes training generative AI systems and generating covered data related to individuals. “Artificial intelligence” is defined by reference to section 5002 of the National Artificial Intelligence Initiative Act of 2020. “Artificial intelligence system” encompasses various data systems, software, and hardware utilizing artificial intelligence. “Covered data” includes information that identifies, relates to, or can be linked to an individual, including personally identifiable information, unique identifiers, geolocation data, biometric information, and behavioral data. “Express, prior consent” requires a clear, affirmative act by an individual, made in advance, indicating informed and unambiguous consent to the use of their data. “Generative artificial intelligence system” refers to AI systems capable of generating novel content like text, video, and audio. “Personally identifiable information” is defined as information that can distinguish or trace an individual's identity. “Predispute arbitration agreement” and “Predispute joint-action waiver” relate to agreements made before a dispute arises that may restrict legal action.

What does FEDERAL TORT FOR MISUSE OF COVERED DATA. of S 2367 do?

This section establishes liability for individuals whose covered data is appropriated, used, collected, processed, sold, or otherwise exploited without their express, prior consent. Individuals can bring a civil action in federal or state court against those who engaged in the exploitation or aided and abetted it. Remedies for prevailing plaintiffs include compensatory damages (up to treble profits or $1,000), punitive damages, injunctive relief, and attorney's fees and costs. An affirmative defense exists if the defendant proves the individual provided express, prior consent, but consent obtained through coercion or deception, or as a condition of using a product/service where data exploitation exceeds what's reasonably necessary, is invalid. The Federal Arbitration Act does not apply to claims arising under this Act; predispute arbitration agreements or joint-action waivers are unenforceable. Consent for third-party exploitation of covered data is only valid if each third party is specifically disclosed and the disclosure is presented in a clear and affirmative manner, separate from general privacy policies or terms of service.

What does RELATIONSHIP TO EXISTING LAW. of S 2367 do?

This section clarifies the relationship between this Act and existing state laws. The Act does not preempt or limit state laws, rules, regulations, or common law doctrines in effect at the time of enactment. This Act establishes a minimum standard for the tort described in section 3(a). State laws providing greater or additional rights, remedies, or protections than those provided in this Act are not prohibited or restricted.

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AI Accountability and Personal Data Protection Act — S. 2367

Last updated: 7/21/2025 · Introduced: 7/21/2025

Author: Josh Hawley (R-MO)

TL;DR (AI)

This bill establishes a federal tort allowing individuals to sue for damages if their personal data is appropriated, used, collected, processed, sold, or otherwise exploited without their express, prior consent.
Individuals can seek compensatory damages (up to treble profits or $1,000), punitive damages, and injunctive relief, and predispute arbitration agreements related to these claims are unenforceable.
The Act does not preempt existing state laws, instead establishing a minimum standard for data protection and allowing states to provide greater rights and protections.

119th Congressin committeeOfficial page

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Other Sections

Includes provisions on preamble, short title., and 3 more.

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