United States Senator Maggie Hassan is calling for transparency from major data brokers following an investigation that revealed 35 companies obscured opt-out options from search results. This made it challenging for individuals to manage their data privacy.
Hassan, the Democratic leader of the Joint Economic Committee, sent formal letters to five leading firms—IQVIA Digital, Comscore, Telesign Corporation, 6sense Insights, and Findem—requesting explanations for their practices that seem designed to obstruct the deletion of personal data.
Despite multiple attempts, none of the mentioned companies responded to inquiries during the investigation led by The Markup, CalMatters, and WIRED.
According to California law, data brokers must provide a method for users to delete their personal data. However, the investigation showed that many companies have hidden these essential privacy controls from Google search results. Consumer advocates have labeled this practice a "clever work-around" that undermines privacy rights and may be categorized as an illegal dark pattern. This term refers to deceptive design choices that impede consumers’ ability to exercise their privacy rights effectively.
Hassan’s demand includes a request for these firms to clarify how they design their opt-out pages, whether they utilized code to block search indexing, and to commit to removing such code by September 3. Additionally, she seeks updates on recent audits and any steps the companies have taken to enhance user accessibility since the investigation.
"Data brokers and other online providers have a responsibility to prevent the misuse of consumer data, and Americans deserve to understand if and how their personal information is being used," Hassan emphasized. She criticized various tactics employed by these firms that complicate the opt-out process, such as unnecessary pop-ups and hidden links.
Data brokers play a significant role in a lucrative industry that trades in personal information, often collected without consent. They create detailed profiles that include sensitive data, powering not just targeted ads but also facilitating law enforcement surveillance.
Awareness of this surveillance ecosystem is limited among Americans, and even fewer understand its impact on their lives. Earlier this year, the Trump administration quietly abandoned a proposed regulation aimed at curbing brokers’ practices by reclassifying some as “consumer reporting agencies” under the Fair Credit Reporting Act. Concurrently, contracts indicated that the US intelligence community is preparing a centralized marketplace for purchasing commercially available data, allowing for access to vast amounts of sensitive information without needing court orders typically required for surveillance.
For individuals at risk, such as survivors of domestic violence, the stakes are particularly high. The National Network to End Domestic Violence’s Safety Net Project warns that data broker practices can endanger vulnerable populations. The process of opting out is tedious and complicated, requiring individuals to navigate various companies separately.
Hassan called for the industry to simplify the tools for managing personal information. Advocacy group Demand Progress stresses that the current surveillance market relies on an interconnected web of entities perpetuated by unchecked data flows. Sean Vitka, the group’s executive director, argues that the industry cannot be trusted to self-regulate effectively.
