House Energy & Commerce Working Group Introduces National Data Privacy Legislation
Issue Date: May 06, 2026
On April 21, 2026, the House Energy & Commerce Privacy Working Group introduced the SECURE Data Act (H.R. 8413), based on model legislation adopted by 19 states that provides consumer data rights, limits how personal data is collected and used, and relies on enforcement by regulators.
The bill would create consumer rights to notice, access, correction, portability, deletion, opt out, and opt in for certain data processing activities. These rights would be enforced by the Federal Trade Commission (FTC), while preserving state attorneys general authority to act where the FTC has not initiated an enforcement action. The bill does not create a private right of action for consumers to sue businesses.
This represents a reset in the federal consumer data privacy debate. Compared to past proposals, its requirements are more workable and closely aligned with existing state consensus privacy models, and it is widely viewed as a starting point for negotiation as Congress considers national data privacy legislation through regular order.
What This Means for Real Estate
- The bill would establish a single national data privacy standard, replacing the current patchwork of state laws.
- Real estate businesses operating in multiple states could comply with one uniform federal framework, rather than navigating differing state requirements.
- The bill includes an FTC registry for data brokers—businesses that sell consumer personal data without a direct relationship and derive more than 50 percent of their revenue from those sales.
- Most real estate businesses, including MLSs, are unlikely to be covered because they primarily handle property data rather than personal data, or do so at the direction of consumers.
- For larger or more complex businesses, the bill generally aligns with existing data practices, though applicability may depend on scale and how data is used.
- Overall, a uniform national standard would provide greater certainty and predictability for real estate businesses and reduce litigation risk, particularly for those operating across multiple jurisdictions.
Additional Details
A high-level summary of the SECURE Data Act, including key provisions, applicability thresholds, and compliance obligations, is provided in the attached document.