U.S Data Protection Act of 2021

The Data Protection Act of 2021, introduced in the 117th Congress, proposes the establishment of an independent federal Data Protection Agency (DPA). This agency would be responsible for regulating high-risk data practices and overseeing the collection, processing, and sharing of personal data. Its primary objectives include safeguarding individuals’ data, ensuring privacy, and promoting fair data practices across various sectors. The DPA would also have the authority to enforce data protection regulations and hold organizations accountable for violations.

One of the key concerns the bill seeks to address is the misuse of personal information, particularly in cases where sensitive data—such as biometric, genetic, and location data—is exploited without individuals’ consent. This is particularly relevant for marginalized communities, including Black Americans, who have historically faced disproportionate surveillance, discrimination, and data-driven targeting by law enforcement and corporations. By establishing a dedicated agency, the bill seeks to mitigate these harms and introduce stronger oversight mechanisms.

Additionally, the bill highlights the need to curb predatory data practices that reinforce systemic inequities, including algorithmic bias in financial services, hiring, and law enforcement. The Data Protection Agency would have the authority to investigate discriminatory data use and penalize entities that engage in harmful data practices. However, while the bill establishes broad consumer protections, it does not explicitly address historical data injustices or propose reparative measures to rectify past harms inflicted on Black and other marginalized communities.

Bill Text: https://www.congress.gov/bill/117th-congress/senate-bill/2134

Summary sourced from: https://www.yalelawjournal.org/forum/dismantling-the-black-opticon

Policy Analysis

Does the policy solution redistribute power from mainstream institutions to impacted Black communities?

The Data Protection Act aims to centralize data oversight within a federal agency, which could enhance accountability. However, it does not explicitly address the redistribution of power to Black communities. Given the history of surveillance and data misuse against Black individuals, a more transformative approach would ensure that Black-led organizations and advocacy groups have a seat at the table in shaping data governance policies. Creating a community-led advisory board within the DPA, composed of representatives from impacted communities, would ensure that data regulations prioritize racial justice and equity.

Does this policy provide more decision-making power at the hands of Black communities?

While the Act focuses on establishing regulatory frameworks, it lacks mechanisms for direct community involvement in decision-making. Data protection is a racial justice issue, and Black communities should be empowered to determine how their data is collected, stored, and used. The bill could be strengthened by mandating participatory processes where Black-led organizations co-create data protection policies, particularly regarding facial recognition, predictive policing, and financial algorithms, which disproportionately harm Black individuals.

Does the policy undermine extractive economies like capitalism and restore community power around a local and regenerative economy/primary production?

The bill seeks to regulate corporate data exploitation but does not challenge the broader capitalist structures that commodify personal information. A Just Transition approach would push for community-controlled data cooperatives, where Black communities can own and benefit from their data instead of having it harvested by tech giants. Moreover, requiring companies to share economic benefits derived from data with impacted communities—such as funding for local digital literacy initiatives—would shift power away from extractive data economies and toward regenerative, community-based models.

Does the policy repair past harm and uphold civil and human rights, health, and environmental protections?

The Data Protection Act makes strides in protecting civil rights by addressing discriminatory data practices, but it does not explicitly include reparative measures for communities historically harmed by data-driven discrimination. Black communities have been disproportionately targeted by predatory surveillance, algorithmic bias, and digital redlining. To truly repair past harm, the bill should incorporate provisions that hold both corporations and government agencies accountable for previous violations and ensure that reparative justice—such as financial compensation for those harmed by wrongful data use—is part of the framework. A stronger focus on community-driven oversight and historical redress would help move beyond harm prevention toward true justice.

Developed by Natalie Rivas