Privacy Bill of Rights Act
Latest action (11 Apr 2019): Introduced
What this bill does
The Privacy Bill of Rights Act (S. 1214), introduced by Sen. Edward Markey on April 11, 2019, would establish a set of federal privacy rights for individuals and direct the Federal Trade Commission to write regulations enforcing them. Covered entities—businesses that collect personal information—would be required to give individuals clear notice of what data is collected, how it is used, and with whom it is shared; obtain affirmative "opt-in" consent before collecting, using, sharing, or selling personal information (with limited exceptions, such as fulfilling a requested transaction or handling emergencies); and let individuals access, correct, delete, and transfer their own data. The bill also bars re-identifying de-identified data, bans "take-it-or-leave-it" terms that deny service to those who refuse data sharing, prohibits financial incentives tied to giving up privacy, sets rules on third-party data disclosures, requires data minimization and security measures, and mandates that covered entities designate a privacy and security officer.
The law would apply broadly to any company or organization that collects personal information from consumers, including data brokers, who would be listed on a public FTC website. Individuals whose personal information is collected—essentially most consumers—would gain enforceable rights over how their data is handled, with enforcement carried out by the FTC, state attorneys general, and through a private right of action allowing individuals to sue over violations.
The bill was introduced in the Senate and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote in the 116th Congress and, per standard legislative procedure, expired at the end of that Congress without further action.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Privacy Bill of Rights Act This bill requires the Federal Trade Commission (FTC) to establish rules concerning the collection of personal information that are intended to increase consumer privacy. Specifically, entities that collect, use, retain, or share information that could identify a particular individual must
• provide notice about how the personal information will be used;
• obtain express approval to collect and use the personal information and provide the ability to withdraw approval;
• upon request, provide access to, and the ability to correct or delete, retained personal information;
• ensure that depersonalized information is not restored in a way that makes an individual identifiable;
• not deny service based on an individual’s refusal to approve of the collection or use of that person’s information;
• not offer price incentives in exchange for approval of the collection of personal information; and
• not disclose personal information to a third party under a written contract unless the contract prohibits the third party from using the personal information for any reason other than performing the contracted service or from disclosing the personal information to another third party.
Common questions
- What does S. 1214 do?
- The Privacy Bill of Rights Act (S. 1214), introduced by Sen. Edward Markey on April 11, 2019, would establish a set of federal privacy rights for individuals and direct the Federal Trade Commission to write regulations enforcing them. Covered entities—businesses that collect personal information—would be required to give individuals clear notice of what data is collected, how it is used, and with whom it is shared; obtain affirmative "opt-in" consent before collecting, using, sharing, or selling personal information (with limited exceptions, such as fulfilling a requested transaction or handling emergencies); and let individuals access, correct, delete, and transfer their own data. The bill also bars re-identifying de-identified data, bans "take-it-or-leave-it" terms that deny service to those who refuse data sharing, prohibits financial incentives tied to giving up privacy, sets rules on third-party data disclosures, requires data minimization and security measures, and mandates that covered entities designate a privacy and security officer. The law would apply broadly to any company or organization that collects personal information from consumers, including data brokers, who would be listed on a public FTC website. Individuals whose personal information is collected—essentially most consumers—would gain enforceable rights over how their data is handled, with enforcement carried out by the FTC, state attorneys general, and through a private right of action allowing individuals to sue over violations. The bill was introduced in the Senate and referred to the Committee on Commerce, Science, and Transportation. It did not receive a vote in the 116th Congress and, per standard legislative procedure, expired at the end of that Congress without further action.
- Has S. 1214 become law?
- Not yet. As of 11 Apr 2019, S. 1214 is introduced.
- Who sponsored S. 1214?
- S. 1214 was sponsored by Sen. Edward “Ed” Markey [D-MA] (Democrat-MA), with 0 cosponsors.
- What's the latest action on S. 1214?
- Introduced (11 Apr 2019).
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