Remedies for Tech-Related Harms Chapter 2: Bans on Sharing & Selling Data
By Stephanie Nguyen(This link opens in a new tab), Erie Meyer(This link opens in a new tab), Samuel A. Levine, and Patrick Yurky
This chapter is part of a series examining enforcement remedies for tech-related harms, with each chapter highlighting a different type of regulatory response. This chapter focuses on cases where regulators have responded to privacy violations by restricting companies from disclosing or selling consumer data. These restrictions often go further than ordinary statutory rules, functioning as categorical bans on certain practices or as heightened requirements for acquiring informed consent from consumers. See Chapter 1 for remedies relating to “Bans” addressing a broad array of harms.
Restrictions on Sharing & Selling Data in Practice
What can be done when companies misuse consumers’ sensitive personal information? Rather than relying solely on traditional remedies, regulators may impose outright prohibitions on certain data practices. In some cases, companies are barred from disclosing or selling data altogether — particularly when the information in question relates to consumers’ health, location, browsing history, or other highly sensitive categories.
For example:
- A healthcare app was permanently banned from sharing users’ personal health data for advertising
- A location data broker was prohibited from selling precise geolocation data to third parties
- Several companies were barred from disclosing sensitive data (such as health treatment information or internet browsing history) without explicit, informed consumer consent.
Please note: This document was drafted in September 2025. The examples are non-exhaustive, and “tech” here includes a broad range of data practices across industries.
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Stephanie T. Nguyen is a Senior Fellow at Georgetown Institute for Technology Law & Policy, Former Chief Technologist at the Federal Trade Commission
Erie Meyer is a Senior Fellow at Georgetown Institute for Technology Law & Policy, Former CFPB Chief Technologist
Samuel A.A. Levine is a Senior Fellow at UC Berkeley Center for Consumer Law & Economic Justice, Former Bureau of Consumer Protection Director at the Federal Trade Commission
Patrick Yurky is a Justice Fellow at the Georgetown Institute for Technology Law & Policy.