Social Media Privacy Protection and Consumer Rights Act of 2021
The source supplies the latest action, but no lifecycle stage.
Latest action (18 May 2021): Read twice and referred to the Committee on Commerce, Science, and Transportation.
What this bill does
The Social Media Privacy Protection and Consumer Rights Act of 2021 would establish new privacy requirements for operators of "covered online platforms"—websites, apps, and services such as social networks, search engines, email providers, and internet access services that collect personal data based on users' online behavior. Operators would have to disclose, before or when a user signs up, that personal data will be collected unless the user opts out, and to offer users a way to accept or reject data collection through clear terms of service. Operators would also need to maintain a privacy or security program, let users obtain a free copy of their collected data, notify users within 72 hours of a data breach and offer remedies (such as deletion of data or account closure), and audit their privacy programs at least every two years.
The bill affects users of online platforms, who would gain rights to consent, access, and control over their personal data, and platform operators, who would face new compliance, disclosure, and breach-notification obligations. The Federal Trade Commission would enforce the law as an unfair-or-deceptive-practices violation, including against common carriers and nonprofits, and state attorneys general could also bring enforcement actions under specified procedures.
The bill was introduced in the Senate on May 18, 2021, by Senator Amy Klobuchar with several cosponsors and referred to the Senate Commerce, Science, and Transportation Committee. It did not receive a vote and did not advance further in the 117th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Social Media Privacy Protection and Consumer Rights Act of 2021
This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user's personal data produced during online behavior will be collected and used by the operator and third parties. The operator must provide a user the option to specify privacy preferences, and an operator may deny certain services or complete access to a user if the user's privacy elections create inoperability in the platform.
The operator must (1) offer a user a copy of the personal data of the user that the operator has processed, free of charge, and in an electronic format; and (2) notify a user within 72 hours of becoming aware that the user's data has been transmitted in violation of the security platform.
A violation of the bill's privacy requirements shall be considered an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) may enforce this bill against common carriers regulated by the Federal Communications Commission under the Communications Act of 1934 and nonprofit organizations. Currently, common carriers regulated under that Act are exempt from the FTC's enforcement authority, and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members.
A state may bring a civil action in federal court regarding such violations.
Timeline
18 May 2021
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Common questions
- What does S. 1667 do?
- The Social Media Privacy Protection and Consumer Rights Act of 2021 would establish new privacy requirements for operators of "covered online platforms"—websites, apps, and services such as social networks, search engines, email providers, and internet access services that collect personal data based on users' online behavior. Operators would have to disclose, before or when a user signs up, that personal data will be collected unless the user opts out, and to offer users a way to accept or reject data collection through clear terms of service. Operators would also need to maintain a privacy or security program, let users obtain a free copy of their collected data, notify users within 72 hours of a data breach and offer remedies (such as deletion of data or account closure), and audit their privacy programs at least every two years. The bill affects users of online platforms, who would gain rights to consent, access, and control over their personal data, and platform operators, who would face new compliance, disclosure, and breach-notification obligations. The Federal Trade Commission would enforce the law as an unfair-or-deceptive-practices violation, including against common carriers and nonprofits, and state attorneys general could also bring enforcement actions under specified procedures. The bill was introduced in the Senate on May 18, 2021, by Senator Amy Klobuchar with several cosponsors and referred to the Senate Commerce, Science, and Transportation Committee. It did not receive a vote and did not advance further in the 117th Congress.
- Has S. 1667 become law?
- The source does not supply a confirmed lifecycle stage for S. 1667. Check the latest action and official source below.
- Who sponsored S. 1667?
- S. 1667 was sponsored by Sen. Klobuchar, Amy [D-MN] (D-MN), with 3 cosponsors.
- What's the latest action on S. 1667?
- Read twice and referred to the Committee on Commerce, Science, and Transportation. (18 May 2021).
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