Data Brokers and the Sale of Data on U.S. Military Personnel
Nov 16, 2023
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Researchers discuss the national security risks and gaps in the law associated with data brokers selling personal data on U.S. military personnel. They explore the types and pricing of data sets purchased, implications for national security, and policy recommendations for the federal government.
The sale of data on U.S. military personnel by data brokers poses significant national security risks and highlights the need for stronger regulations and controls.
Data brokers operate in a multi-billion dollar industry with little regulation and transparency, allowing for the unregulated sale of personal data.
Deep dives
The Concerning Ease of Accessing Military Personnel Data
The study focuses on the collection and sale of data on U.S. military personnel by data brokers. It reveals the ease at which sensitive information, including names, addresses, health conditions, and financial data, can be obtained. The data sets purchased were extensive and provided access to highly personal information about service members and their families. Foreign actors could potentially exploit this data for nefarious purposes, posing risks to national security. The study emphasizes the need for stronger controls and regulations to address the national security concerns associated with data brokers.
Role of Data Brokers in Collecting and Selling Data
Data brokers are companies that collect, aggregate, infer, and sell data, with the sale of data being the defining feature. These companies operate in a multi-billion dollar ecosystem, collecting and selling various types of data, including health, financial, location, and credit data. The study highlights the broad involvement of companies in the data brokerage industry, including major credit reporting agencies, as well as mobile apps and retailers. The lack of regulation and transparency in this industry allows for the unregulated sale of personal data.
Concerns about Privacy and Security
The study raises concerns about the availability and lack of controls surrounding personal data. It highlights the broad reach of data brokers, with the potential for them to possess data on nearly every American, including military personnel. The extensive information available for purchase can be used to identify and track individuals, potentially leading to security and privacy breaches. The study points out the significant risks associated with combining different data fields, such as health conditions and financial troubles, which could be exploited by malicious actors.
Legislative and Regulatory Recommendations
The study proposes several recommendations to address the national security risks posed by data brokers. It suggests legislation, such as the Protecting Military Service Members Data Act, to restrict the sale of data on military personnel to certain foreign countries. The study also emphasizes the role of regulatory agencies, like the Federal Trade Commission (FTC), in implementing rules to prevent re-identification of data and enhance customer protections. Additionally, the study highlights the importance of raising awareness among consumers to control their own data and advocate for privacy rights.
On November 6, researchers at Duke University’s Sanford School of Public Policy issued a report on “Data Brokers and the Sale of Data on U.S. Military Personnel” that illuminates the national security risks arising from the sale of these data. Lawfare Senior Editor Stephanie Pell sat down with the three of the report’s authors: Justin Sherman, a Senior Fellow at the Sanford School of Public Policy who leads its data brokerage research project; Hayley Barton, a Master of Public Policy and Master of Business Administration student at Duke University and a former research assistant on Duke’s data brokerage research project; and Brady Allen Kruse, a Master of Public Policy student at Duke University and a research assistant on Duke’s data brokerage research project.
They talked about the kinds of data that data brokers collect and sell about U.S. military personnel, the national security risks created by these practices, and the gaps in the law that enable this activity. They also discussed policy recommendations for the U.S. federal government to address the risks associated with data brokerage and the sale of data on former and active-duty U.S. military personnel.