Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2021
Latest action (28 Jan 2021): Introduced
What this bill does
S. 113, the BROWSER Act of 2021, would establish federal privacy requirements for both internet service providers and "edge services" such as websites, apps, and online services that require an account, involve a purchase, provide search functions, or collect sensitive information. Providers would have to clearly disclose their privacy policies to users before they sign up and keep that notice available, and give advance notice of material changes. Companies would need "opt-in" consent to use or share sensitive information (such as financial, health, children's, Social Security, location, communications content, or browsing/app-usage history) and "opt-out" consent for other, non-sensitive information, with exceptions for operating the service, billing, fraud protection, emergencies, and legal requirements. Providers could not condition service on users waiving these privacy rights.
The bill would primarily affect internet and telecommunications companies, app developers, and online service providers, as well as their customers, who would gain specific notice and consent rights over their personal data. The Federal Trade Commission would enforce the law, treating violations as unfair or deceptive practices, and the bill would preempt state privacy laws covering the same ground while generally leaving other federal privacy statutes intact.
The bill was introduced by Senator Marsha Blackburn on January 28, 2021, and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and saw no further action before the end of that Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2021 or the BROWSER Act of 2021
This bill establishes information privacy protections that require broadband internet access services and certain websites or mobile applications to provide users with the ability to opt-in or opt-out of the using, disclosing, or accessing of their user information depending on the sensitivity of the information.
Covered service providers must provide opt-in approval through express user consent to use sensitive information such as financial data, health information, browsing history, or other specified personally identifiable information. Such service providers must obtain opt-out approval for the use of non-sensitive user information by a user failing to object to such use after being provided notice of the provider's privacy policies. Service providers also must allow users to opt-in or opt-out of such approval at any time.
The bill permits service providers to use and disclose user information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service.
The bill further prohibits providers from conditioning access to service on users' agreeing to waive their privacy rights.
Common questions
- What does S. 113 do?
- S. 113, the BROWSER Act of 2021, would establish federal privacy requirements for both internet service providers and "edge services" such as websites, apps, and online services that require an account, involve a purchase, provide search functions, or collect sensitive information. Providers would have to clearly disclose their privacy policies to users before they sign up and keep that notice available, and give advance notice of material changes. Companies would need "opt-in" consent to use or share sensitive information (such as financial, health, children's, Social Security, location, communications content, or browsing/app-usage history) and "opt-out" consent for other, non-sensitive information, with exceptions for operating the service, billing, fraud protection, emergencies, and legal requirements. Providers could not condition service on users waiving these privacy rights. The bill would primarily affect internet and telecommunications companies, app developers, and online service providers, as well as their customers, who would gain specific notice and consent rights over their personal data. The Federal Trade Commission would enforce the law, treating violations as unfair or deceptive practices, and the bill would preempt state privacy laws covering the same ground while generally leaving other federal privacy statutes intact. The bill was introduced by Senator Marsha Blackburn on January 28, 2021, and referred to the Senate Committee on Commerce, Science, and Transportation. It did not receive a vote and saw no further action before the end of that Congress.
- Has S. 113 become law?
- Not yet. As of 28 Jan 2021, S. 113 is introduced.
- Who sponsored S. 113?
- S. 113 was sponsored by Sen. Marsha Blackburn [R-TN] (Republican-TN), with 0 cosponsors.
- What's the latest action on S. 113?
- Introduced (28 Jan 2021).
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