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S. 2378·113th Congress·Senate Bill

Commercial Privacy Bill of Rights Act of 2014

Stage not supplied

The source supplies the latest action, but no lifecycle stage.

Latest action (21 May 2014): Read twice and referred to the Committee on Commerce, Science, and Transportation.

What this bill does

The Commercial Privacy Bill of Rights Act of 2014 would direct the Federal Trade Commission (FTC) to create rules for how certain organizations handle personal information. These rules would require organizations to protect data, inform individuals about their data practices, and get opt-in consent for uses like behavioral advertising or marketing by third parties. The bill also mandates that individuals have access to and the ability to correct their stored information.

The bill applies to entities that collect, use, transfer, or store information for more than 5,000 individuals in a 12-month period. This includes businesses, common carriers, and nonprofit organizations under FTC authority. These "covered entities" would be restricted in how much information they collect and how long they can retain it, generally limiting retention to what is necessary for stated purposes.

This bill was introduced in the Senate in May 2014 and has not advanced beyond that stage. If passed, it would become law and require the FTC to conduct rulemaking to implement its provisions.

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

Official summary

Title I: Commercial Privacy - Commercial Privacy Bill of Rights Act of 2014 - Directs the Federal Trade Commission (FTC) to initiate a rulemaking to require covered entities to carry out security measures to protect personally identifiable information, unique identifier information, and other information that may be used to identify a specific individual.

Defines "covered entity" as a person (a person, partnership, or corporation over which the FTC has authority under the Federal Trade Commission Act, a common carrier subject to the Communications Act of 1934, or a nonprofit organization) who collects, uses, transfers, or stores such information concerning more than 5,000 individuals during any consecutive 12-month period. Directs the FTC to require covered entities to: (1) notify individuals of their practices regarding the collection, use, transfer, and storage of such information; (2) provide timely notice before implementing a material change in such practices; (3) offer individuals a mechanism to provide opt-in consent for any unauthorized use of such information or a third party's use for behavioral advertising or marketing; and (4) provide access to, and methods to correct, stored information.

Permits covered entities to execute contracts with service providers to collect, use, and store information on behalf of the covered entity.

Restricts covered entities to the collection of only as much information relating to an individual as reasonably necessary to: (1) process or enforce a transaction or deliver a requested service, including inventory management, financial reporting and accounting, planning, product or service improvement, forecasting, and customer support; (2) prevent or detect fraud or provide for a secure environment; (3) investigate a possible crime or comply with a law; (4) market or advertise to such individual if the information used for such marketing or advertising was collected directly by the covered entity; and (5) conduct internal operations and customer research, including the collection of information about Internet website visits and click-through rates to improve website navigation and the customer's experience.

Limits the duration of time that a covered entity is authorized to retain such information to only the period necessary to provide the transaction, deliver the service, or comply with a law. Restricts the use of retained information to the purpose for which it was collected or a reasonably related purpose.

Directs covered entities that contract to transfer information to third parties to prohibit such third parties from combining transferred information that is not personally identifiable with other information in order to identify the individual without the individual's opt-in consent.

Requires covered entities to attempt to establish procedures to ensure the accuracy of personally identifiable information that could be used to deny consumers benefits or cause significant harm.

Sets forth the circumstances under which a covered entity may be required to provide notice of a breach of security to: (1) U.S. citizens or residents whose personally identifiable information is reasonably believed to have been acquired or accessed, (2) the FTC, (3) third parties, (4) service providers, and (5) credit reporting agencies.

Timeline

  1. 21 May 2014

    Read twice and referred to the Committee on Commerce, Science, and Transportation.

Common questions

What does S. 2378 do?
The Commercial Privacy Bill of Rights Act of 2014 would direct the Federal Trade Commission (FTC) to create rules for how certain organizations handle personal information. These rules would require organizations to protect data, inform individuals about their data practices, and get opt-in consent for uses like behavioral advertising or marketing by third parties. The bill also mandates that individuals have access to and the ability to correct their stored information. The bill applies to entities that collect, use, transfer, or store information for more than 5,000 individuals in a 12-month period. This includes businesses, common carriers, and nonprofit organizations under FTC authority. These "covered entities" would be restricted in how much information they collect and how long they can retain it, generally limiting retention to what is necessary for stated purposes. This bill was introduced in the Senate in May 2014 and has not advanced beyond that stage. If passed, it would become law and require the FTC to conduct rulemaking to implement its provisions.
Has S. 2378 become law?
The source does not supply a confirmed lifecycle stage for S. 2378. Check the latest action and official source below.
Who sponsored S. 2378?
S. 2378 was sponsored by Sen. Menendez, Robert [D-NJ] (D-NJ), with 0 cosponsors.
What's the latest action on S. 2378?
Read twice and referred to the Committee on Commerce, Science, and Transportation. (21 May 2014).

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