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S. 2728·115th Congress·Senate Bill

Social Media Privacy Protection and Consumer Rights Act of 2018

Stage not supplied

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

Latest action (23 Apr 2018): Read twice and referred to the Committee on Commerce, Science, and Transportation.

What this bill does

This bill, titled the Social Media Privacy Protection and Consumer Rights Act of 2018, would require operators of online platforms that collect personal data to provide users with clear disclosures about data collection and use. Users would be able to set privacy preferences, including prohibiting data collection, though this could lead to limited platform functionality or access. The bill would also grant users the right to access their collected personal data and require operators to notify users within 72 hours of a data transmission violation, offering options to stop data collection and erase data.

The bill affects users of "covered online platforms," defined as online platforms collecting personal data during a user's online activity, which includes social networks, search engines, email services, and more. Operators of these platforms would be responsible for implementing privacy programs, obtaining consent for new products or changes that affect privacy settings, and allowing users to easily withdraw consent. State attorneys general would also be authorized to bring civil actions on behalf of residents for violations.

S. 2728 was introduced in the Senate in April 2018. As of the provided information, its status is "Introduced," and it did not receive a vote in the 115th Congress. The bill was referred to the Committee on Commerce, Science, and Transportation.

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

Official summary

Social Media Privacy Protection and Consumer Rights Act of 2018

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.

The operator must: (1) offer a user a copy of the personal data of the user that the operator has processed, free of charge, and in an electronic format; and (2) notify a user within 72 hours of becoming aware that the user's data has been transmitted in violation of the security platform.

A violation of the bill's privacy requirements shall be considered an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) may enforce this bill against common carriers regulated by the Federal Communications Commission under the Communications Act of 1934 and nonprofit organizations. (Currently, common carriers regulated under that Act are exempt from the FTC's enforcement authority, and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members.)

A state may bring a civil action in federal court regarding such violations.

Timeline

  1. 23 Apr 2018

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

Common questions

What does S. 2728 do?
This bill, titled the Social Media Privacy Protection and Consumer Rights Act of 2018, would require operators of online platforms that collect personal data to provide users with clear disclosures about data collection and use. Users would be able to set privacy preferences, including prohibiting data collection, though this could lead to limited platform functionality or access. The bill would also grant users the right to access their collected personal data and require operators to notify users within 72 hours of a data transmission violation, offering options to stop data collection and erase data. The bill affects users of "covered online platforms," defined as online platforms collecting personal data during a user's online activity, which includes social networks, search engines, email services, and more. Operators of these platforms would be responsible for implementing privacy programs, obtaining consent for new products or changes that affect privacy settings, and allowing users to easily withdraw consent. State attorneys general would also be authorized to bring civil actions on behalf of residents for violations. S. 2728 was introduced in the Senate in April 2018. As of the provided information, its status is "Introduced," and it did not receive a vote in the 115th Congress. The bill was referred to the Committee on Commerce, Science, and Transportation.
Has S. 2728 become law?
The source does not supply a confirmed lifecycle stage for S. 2728. Check the latest action and official source below.
Who sponsored S. 2728?
S. 2728 was sponsored by Sen. Klobuchar, Amy [D-MN] (D-MN), with 1 cosponsor.
What's the latest action on S. 2728?
Read twice and referred to the Committee on Commerce, Science, and Transportation. (23 Apr 2018).

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