Page 26 - NCISS Your Advocate April 2020

Federal Regulations and Bills Being Monitored – Activity and Synopsis

S. 189 - Social Media Privacy Protection and Consumer Rights Act of 2019 Sen. Amy Klobuchar (D-MN)
This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the
platform, that the user's personal data produced during online behavior will be collected and used by the operator and
third parties. The operator must provide a user the option to specify privacy preferences, and an operator may deny
certain services or complete access to a user if the user's privacy elections create inoperability in the platform.

S. 142 - American Data Dissemination Act of 2019 Sen. Marco Rubio (R-FL)
This bill requires the Federal Trade Commission to recommend legislative action and propose regulations to impose
privacy requirements on providers of internet services.

S. 583 - DATA Privacy Act Sen. Catherine Cortez Masto
Only allows the collection of data for what the bill considers legitimate business or operational purposes that do not put
the user at privacy risk. Data that is included is any that is collected over the internet or digital network and can be
linked to an individual or device associated with the individual (in one step or through the combination of separate
information). Requires qualifying companies to appoint a Privacy Protection Officer to institute a culture of data and
privacy protection through policies and trainings. In order to protect small businesses, omits businesses collecting on
fewer than 3,000 people per year with a revenue <$25M from some of the provisions. The bill doesn't include a
preemption clause but does expand state's and the FTC's ability to levy civil penalties for violations. It also expands the
NSF's cybersecurity research into privacy enhancing tech.

H.R. 1282 - Data Accountability and Trust Act Rep. Bobby Rush (D-IL-01)
This bill requires the Federal Trade Commission (FTC) to require certain businesses and other organizations to (1)
establish specified information-security practices for the treatment and protection of personal information; and (2) in
the event of a security breach involving such information, provide specified notice and offer credit-monitoring services.

S. 806 - Own Your Own Data Act Sen. John Kennedy (R-LA)
This bill requires a social media company to (1) provide a user with the ability to obtain and export their user data, along
with any analysis of such data by the company; and (2) ensure that each user knowingly and willingly licenses their data
to the company during the registration of an account.

H.R. 2013 - Information Transparency & Personal Data Control Act Rep. Suzan DelBene
This bill requires the Federal Trade Commission (FTC) to establish requirements for entities providing services to the
public that collect, store, process, use, or otherwise control sensitive personal information. Information relating to an
identifiable individual is generally considered sensitive personal information. However, information that is publicly
available is not considered sensitive.

S. 1116 - BROWSER Act Sen. Marsha Blackburn (R-TN)
Reintroduction of the Senator's House bill that did not advance in the last Congress. Requires providers of broadband
internet access service and edge services to clearly and conspicuously notify users of the privacy policies of those
providers, to give users opt-in or opt-out approval rights with respect to the use of, disclosure of, and access to user
information collected by those providers based on the level of sensitivity of the information, and for other purposes.

S. 1214 - The Privacy Bill of Rights Sen. Ed Markey (D-MA)
Bill bans companies from using personal data for discriminatory purposes and limits the scope of data collection that is
required in order to access services. The bill requires the FTC to issue rules and establish a website that lists consumers'
privacy rights. It also provides for a private cause of action against companies that violate the FTC's rules. The language
of the bill is very expansive and detailed.