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S. 799·112th Congress·Senate Bill

Commercial Privacy Bill of Rights Act of 2011

IntroducedTrack

Latest action (12 Apr 2011): Introduced

What this bill does

I'll base this on the provided text.

S. 799, the Commercial Privacy Bill of Rights Act of 2011, would direct the Federal Trade Commission to write regulations creating a broad set of privacy protections for personal information collected in commerce, both online and offline. It would require businesses ("covered entities") to secure the personal data they collect, be accountable for how they handle it, and build privacy safeguards into products and services. Companies would have to give consumers clear notice about what data is collected and why, and offer opt-out consent for many uses (including third-party behavioral advertising) and opt-in consent for sensitive information such as health or religious data. Individuals would gain rights to access, correct, and in some cases have their personal information deleted or its use halted. The bill also sets up enforcement mechanisms, industry safe-harbor programs, and directs the Commerce Department to help develop related privacy policy.

The bill would affect any business or organization engaged in interstate commerce that collects personally identifiable information, as well as consumers whose data is gathered, used, or shared. It aims to replace a patchwork of state rules and voluntary industry self-regulation with a consistent federal standard, giving individuals more control over their personal data while setting security and disclosure obligations for companies.

The bill was introduced in the Senate on April 12, 2011, by Senator John Kerry (D-MA), with Senator John McCain as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or floor action and did not become law; any future action would require reintroduction in a later Congress.

Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.

Official summary

Commercial Privacy Bill of Rights Act of 2011 - Directs the Federal Trade Commission (FTC) to initiate a rulemaking requiring security measures to be carried out by any person (defined in this Act as a "covered entity") collecting, using, transferring, or storing certain personal information (defined in this Act as "covered information") concerning over 5,000 individuals during any consecutive 12-month period who is also: (1) a person whom the FTC is directed to prevent from using unfair methods of competition or deceptive practices in or affecting commerce under specified provisions of the Federal Trade Commission Act; (2) a common carrier subject to the Communications Act of 1934, notwithstanding specified terms and exceptions; or (3) a nonprofit organization, including certain tax-exempt organizations. Requires each such entity to implement a comprehensive information privacy program.

Applies the requirements of this Act to: (1) personally identifiable information; (2) unique identifier information; and (3) any information that is collected, used, or stored in connection with such information in a manner that may reasonably be used to identify a specific individual. Excludes from such measures certain information obtained from public records, shared voluntarily in a forum, reported in the media, or dedicated as workplace contact information.

Requires an FTC rulemaking to require each covered entity to: (1) notify individuals of its information use, storage, transfer, and collection practices, and the purposes of such practices; (2) offer mechanisms for opt-out or opt-in consent, as specified, under various circumstances including for unauthorized information use and use by third parties for behavioral advertising or marketing; (3) provide methods to correct inaccuracies; and (4) permit requests to render information personally unidentifiable or to cease unauthorized or marketing use after the entity's bankruptcy or a termination of service.

Lists the restricted purposes for which collected information must be reasonably necessary. Limits the retention of such information.

Sets forth the contract provisions necessary to use a service provider or to transfer such information to a third party.

Sets forth provisions concerning: (1) enforcement by the FTC and state attorneys general, (2) civil penalties, and (3) safe harbor programs to be administered by nongovernmental organizations. Prohibits any private right of action under this Act.

Common questions

What does S. 799 do?
I'll base this on the provided text. S. 799, the Commercial Privacy Bill of Rights Act of 2011, would direct the Federal Trade Commission to write regulations creating a broad set of privacy protections for personal information collected in commerce, both online and offline. It would require businesses ("covered entities") to secure the personal data they collect, be accountable for how they handle it, and build privacy safeguards into products and services. Companies would have to give consumers clear notice about what data is collected and why, and offer opt-out consent for many uses (including third-party behavioral advertising) and opt-in consent for sensitive information such as health or religious data. Individuals would gain rights to access, correct, and in some cases have their personal information deleted or its use halted. The bill also sets up enforcement mechanisms, industry safe-harbor programs, and directs the Commerce Department to help develop related privacy policy. The bill would affect any business or organization engaged in interstate commerce that collects personally identifiable information, as well as consumers whose data is gathered, used, or shared. It aims to replace a patchwork of state rules and voluntary industry self-regulation with a consistent federal standard, giving individuals more control over their personal data while setting security and disclosure obligations for companies. The bill was introduced in the Senate on April 12, 2011, by Senator John Kerry (D-MA), with Senator John McCain as a cosponsor, and was referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or floor action and did not become law; any future action would require reintroduction in a later Congress.
Has S. 799 become law?
Not yet. As of 12 Apr 2011, S. 799 is introduced.
Who sponsored S. 799?
S. 799 was sponsored by Sen. John Kerry [D-MA, 1985-2013] (Democrat-MA), with 2 cosponsors.
What's the latest action on S. 799?
Introduced (12 Apr 2011).

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