Consumer Online Privacy Rights Act
Latest action (3 Dec 2019): Introduced
What this bill does
Senate Bill 2968, the Consumer Online Privacy Rights Act, was introduced by Sen. Maria Cantwell in December 2019 to create a federal framework of consumer data privacy rights and corresponding oversight and enforcement mechanisms. The bill would require "covered entities" that collect or transfer personal data to act with a "duty of loyalty," avoiding deceptive or harmful data practices. It would grant individuals rights to access, correct, delete, and obtain a portable copy of their data; to receive clear privacy disclosures; to opt out of having their data transferred to third parties; and to have data minimized and secured. It also sets special protections for "sensitive covered data," such as health, biometric, financial, and precise location information, generally requiring affirmative consent before such data is collected or shared.
The bill would apply to businesses subject to FTC jurisdiction that process or transfer personal data, with an exemption for small businesses meeting specified revenue and data-volume thresholds. "Large data holders" handling data on more than five million people or devices, or sensitive data on more than 100,000, face additional obligations, including designating privacy and security officers and conducting risk assessments. It also includes whistleblower protections and provisions addressing digital content forgeries (e.g., "deepfakes"), and directs the Federal Trade Commission to issue implementing rules, including on opt-out mechanisms.
The bill was introduced in the 116th Congress and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or further action and did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Consumer Online Privacy Rights Act
This bill places requirements on entities that process or transfer a consumer's data.
Specifically, the bill requires such entities to
• make their privacy policy publicly available and provide an individual with access to their personal data;
• delete or correct, upon request, information in an individual's data;
• export, upon request, an individual's data in a human-readable and machine-readable format;
• establish data security practices to protect the confidentiality and accessibility of consumer data; and
• designate a privacy officer and a data security officer to implement and conduct privacy and data security programs and risk assessments.
Common questions
- What does S. 2968 do?
- Senate Bill 2968, the Consumer Online Privacy Rights Act, was introduced by Sen. Maria Cantwell in December 2019 to create a federal framework of consumer data privacy rights and corresponding oversight and enforcement mechanisms. The bill would require "covered entities" that collect or transfer personal data to act with a "duty of loyalty," avoiding deceptive or harmful data practices. It would grant individuals rights to access, correct, delete, and obtain a portable copy of their data; to receive clear privacy disclosures; to opt out of having their data transferred to third parties; and to have data minimized and secured. It also sets special protections for "sensitive covered data," such as health, biometric, financial, and precise location information, generally requiring affirmative consent before such data is collected or shared. The bill would apply to businesses subject to FTC jurisdiction that process or transfer personal data, with an exemption for small businesses meeting specified revenue and data-volume thresholds. "Large data holders" handling data on more than five million people or devices, or sensitive data on more than 100,000, face additional obligations, including designating privacy and security officers and conducting risk assessments. It also includes whistleblower protections and provisions addressing digital content forgeries (e.g., "deepfakes"), and directs the Federal Trade Commission to issue implementing rules, including on opt-out mechanisms. The bill was introduced in the 116th Congress and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a committee vote or further action and did not become law.
- Has S. 2968 become law?
- Not yet. As of 3 Dec 2019, S. 2968 is introduced.
- Who sponsored S. 2968?
- S. 2968 was sponsored by Sen. Maria Cantwell [D-WA] (Democrat-WA), with 3 cosponsors.
- What's the latest action on S. 2968?
- Introduced (3 Dec 2019).
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