Protecting Rights Online To Ensure Consumers’ Trust (PROTECT) of 2015

“1314. Prohibiting sharing of personally identifiable information obtained through Federally facilitated marketplace for marketing

“(a) In general—The Secretary or any other official of the Federal government shall not permit any personally identifiable information that is prohibited from disclosure under section 552a of title 5, United States Code, including any individually identifiable health information (as defined for purposes of the HIPAA privacy regulations, as defined in section 1180(b)(3) of the Social Security Act, 42 U.S.C. 1320d–9(b)(3))) collected through the Federally Facilitated Marketplace (FFM) established under this title, including any such information collected through the website healthcare.gov or any similar website, to be shared with any non-governmental entity for any type of marketing for commercial purposes, including for the marketing of health insurance coverage offered through any Exchange established under this title.

“(b) Personally identifiable information defined—The terms “personally identifiable information” mean any information about an individual elicited, collected, stored, or maintained by an agency, including—(A) any information that can be used to distinguish or trace the identity of an individual, such as a name, a social security number, a date and place of birth, a mother's maiden name, or biometric records; and (B) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information .”