PRIVATE Act
The source supplies the latest action, but no lifecycle stage.
Latest action (25 Oct 2021): Referred to the Subcommittee on Consumer Protection and Commerce.
What this bill does
H.R. 5696, the PRIVATE Act, would regulate how manufacturers of internet-connected devices and developers of applications installed on those devices ("covered entities") handle data collected through a device's camera or microphone. Covered devices are those that connect to the internet, can process data, and have a camera or microphone. Under the bill, such entities could not collect, transmit, process, or disclose camera or microphone data unless doing so matches reasonable consumer expectations—generally meaning the data use is necessary for the device or app to function and occurs only while the individual is actively using it—or unless the entity obtains the individual's express, affirmative consent through a specified notice process. Devices or apps with voice-activated features would require consent before that listening function is turned on. Entities would also need to let users view and revoke consent, and maintain a public privacy policy describing this data handling.
The bill would primarily affect makers of smart devices (e.g., smart speakers, phones, cameras) and app developers, as well as consumers who use such products. The Federal Trade Commission would enforce the requirements as unfair or deceptive practices, issue guidance, and could approve a "safe harbor" for compliant notices or policies; it could also issue implementing regulations.
The bill was introduced October 22, 2021, by Rep. Chris Jacobs and referred to the House Energy and Commerce Committee. It received no further action or vote before the end of the 117th Congress, meaning it did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act
This bill generally prohibits collecting, transmitting, disclosing, or otherwise using data from a camera or microphone of an internet-connected device.
A device manufacturer or software application developer may not use such data unless the use is (1) reasonably required for the device's functionality, and (2) limited to instances when the individual is actively operating the device. For voice-activated functionality, the bill also prohibits data use before the functionality is activated. Additionally, individuals must expressly and affirmatively consent to data use and may revoke this consent.
To obtain consent, manufacturers and developers must provide individuals with a brief notice that describes the data use and meets other requirements. They must also maintain a separate privacy policy that details how the entity specifically uses data from a device's camera or microphone.
The Federal Trade Commission (FTC) must (1) issue guidance and sample language for brief notices, and (2) enforce the bill's prohibitions as an unfair or deceptive act or practice.
The bill provides a safe harbor from such enforcement if a manufacturer or developer obtains FTC approval for the requisite brief notice and privacy policy.
Timeline
25 Oct 2021
Referred to the Subcommittee on Consumer Protection and Commerce.
Common questions
- What does H.R. 5696 do?
- H.R. 5696, the PRIVATE Act, would regulate how manufacturers of internet-connected devices and developers of applications installed on those devices ("covered entities") handle data collected through a device's camera or microphone. Covered devices are those that connect to the internet, can process data, and have a camera or microphone. Under the bill, such entities could not collect, transmit, process, or disclose camera or microphone data unless doing so matches reasonable consumer expectations—generally meaning the data use is necessary for the device or app to function and occurs only while the individual is actively using it—or unless the entity obtains the individual's express, affirmative consent through a specified notice process. Devices or apps with voice-activated features would require consent before that listening function is turned on. Entities would also need to let users view and revoke consent, and maintain a public privacy policy describing this data handling. The bill would primarily affect makers of smart devices (e.g., smart speakers, phones, cameras) and app developers, as well as consumers who use such products. The Federal Trade Commission would enforce the requirements as unfair or deceptive practices, issue guidance, and could approve a "safe harbor" for compliant notices or policies; it could also issue implementing regulations. The bill was introduced October 22, 2021, by Rep. Chris Jacobs and referred to the House Energy and Commerce Committee. It received no further action or vote before the end of the 117th Congress, meaning it did not become law.
- Has H.R. 5696 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 5696. Check the latest action and official source below.
- Who sponsored H.R. 5696?
- H.R. 5696 was sponsored by Rep. Jacobs, Chris [R-NY-27] (R-NY), with 2 cosponsors.
- What's the latest action on H.R. 5696?
- Referred to the Subcommittee on Consumer Protection and Commerce. (25 Oct 2021).
Related bills in Science, Technology, Communications
Disaster Communications Coordination and Preparedness Act
Mystic Alerts Act
Bots Research Act
Expressing support for the designation of October 5, 2026, as the "National Beyond the Milky Way Day" and celebrating a transformative achievement in American science.
Bill100 mirrors the public U.S. legislative record from Congress.gov and GovTrack and adds plain-English AI summaries. It is an information tool, not legal, compliance or lobbying advice, and it is not affiliated with the U.S. Congress or any government agency. AI summaries can simplify or omit detail — every bill links to the official source; verify there before you rely on it.