Commercial Facial Recognition Privacy Act of 2019
The source supplies the latest action, but no lifecycle stage.
Latest action (14 Mar 2019): Read twice and referred to the Committee on Commerce, Science, and Transportation.
What this bill does
S. 847, the Commercial Facial Recognition Privacy Act of 2019, would regulate how private companies use facial recognition technology to identify or track individuals. It would generally require companies ("controllers") to obtain an individual's affirmative, explicit consent before using facial recognition technology to collect facial data, provide notice and explanatory documentation about the technology, and obtain separate consent before sharing that data with unaffiliated third parties. Companies could not use the technology to discriminate in violation of existing law, repurpose collected data for new uses without consent, or condition unrelated services on a person waiving these privacy rights. The bill also requires human review before decisions based on facial recognition that could cause harm, and requires companies offering the technology online to allow independent testing for accuracy and bias.
The bill applies to private businesses and other non-government entities that collect, store, or process facial recognition data; it explicitly excludes federal, state, and local governments, law enforcement, and national security or intelligence agencies. Exceptions are provided for certain uses such as personal photo organization, journalism, emergencies, and security applications like fraud or theft prevention. The Federal Trade Commission would enforce the law as an unfair or deceptive practice, and state attorneys general could also bring civil actions. The FTC, with NIST, would be directed to issue implementing regulations within 180 days of enactment.
The bill was introduced in the Senate on March 14, 2019, by Senator Roy Blunt (R-MO) with Senator Brian Schatz, and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Commercial Facial Recognition Privacy Act of 2019 This bill prohibits entities from collecting, processing, storing, or controlling facial recognition data unless such entities (1) provide documentation that explains the capabilities and limitations of facial-recognition technology, and (2) obtain explicit affirmative consent from end users to use such technology after providing notice about the reasonably foreseeable uses of the collected facial-recognition data. Facial-recognition data includes attributes or features of the face that permit facial-recognition technology to uniquely and consistently identify a specific individual. Controllers of facial recognition data also are prohibited from (1) using such data to discriminate against end users, (2) using such data for a purpose that is not reasonably foreseeable to the end user, (3) sharing such data with a third party without the additional affirmative consent of the end user, or (4) conditioning the use of a product on an end user providing affirmative consent.
Timeline
14 Mar 2019
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Common questions
- What does S. 847 do?
- S. 847, the Commercial Facial Recognition Privacy Act of 2019, would regulate how private companies use facial recognition technology to identify or track individuals. It would generally require companies ("controllers") to obtain an individual's affirmative, explicit consent before using facial recognition technology to collect facial data, provide notice and explanatory documentation about the technology, and obtain separate consent before sharing that data with unaffiliated third parties. Companies could not use the technology to discriminate in violation of existing law, repurpose collected data for new uses without consent, or condition unrelated services on a person waiving these privacy rights. The bill also requires human review before decisions based on facial recognition that could cause harm, and requires companies offering the technology online to allow independent testing for accuracy and bias. The bill applies to private businesses and other non-government entities that collect, store, or process facial recognition data; it explicitly excludes federal, state, and local governments, law enforcement, and national security or intelligence agencies. Exceptions are provided for certain uses such as personal photo organization, journalism, emergencies, and security applications like fraud or theft prevention. The Federal Trade Commission would enforce the law as an unfair or deceptive practice, and state attorneys general could also bring civil actions. The FTC, with NIST, would be directed to issue implementing regulations within 180 days of enactment. The bill was introduced in the Senate on March 14, 2019, by Senator Roy Blunt (R-MO) with Senator Brian Schatz, and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and did not become law.
- Has S. 847 become law?
- The source does not supply a confirmed lifecycle stage for S. 847. Check the latest action and official source below.
- Who sponsored S. 847?
- S. 847 was sponsored by Sen. Blunt, Roy [R-MO] (R-MO), with 1 cosponsor.
- What's the latest action on S. 847?
- Read twice and referred to the Committee on Commerce, Science, and Transportation. (14 Mar 2019).
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