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Consumer Online Privacy Rights Act

12/30/2022, 2:34 AM

Congressional Summary of S 3195

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.

Further, the bill prohibits such entities from

  • engaging in deceptive or harmful data practices;
  • transferring an individual's data to a third party if the individual objects;
  • processing or transferring an individual's sensitive data without affirmative express consent;
  • processing or transferring data beyond what is reasonably necessary or for which they have obtained affirmative express consent;
  • processing or transferring data on the basis of specified protected characteristics (e.g., race, religion, or gender);
  • conditioning the provision of a service or product on an individual's agreement to waive their privacy rights; and
  • retaliating against an employee who provides information about a potential violation of the bill's provisions, or who testifies or assists in an investigation or judicial proceeding concerning such a violation.

The Federal Trade Commission must establish a new bureau to assist with enforcement of these provisions.

Current Status of Bill S 3195

Bill S 3195 is currently in the status of Bill Introduced since November 4, 2021. Bill S 3195 was introduced during Congress 117 and was introduced to the Senate on November 4, 2021.  Bill S 3195's most recent activity was Read twice and referred to the Committee on Commerce, Science, and Transportation. as of November 4, 2021

Bipartisan Support of Bill S 3195

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
3
Democrat Cosponsors
3
Republican Cosponsors
0
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 3195

Primary Policy Focus

Commerce

Potential Impact Areas

- Administrative law and regulatory procedures
- Alternative dispute resolution, mediation, arbitration
- Business records
- Civil actions and liability
- Consumer affairs
- Digital media
- Disability and health-based discrimination
- Employment discrimination and employee rights
- Executive agency funding and structure
- Federal Trade Commission (FTC)
- Federal preemption
- Fraud offenses and financial crimes
- Government information and archives
- Government studies and investigations
- Government trust funds
- Landlord and tenant
- Licensing and registrations
- Marketing and advertising
- Marriage and family status
- Racial and ethnic relations
- Right of privacy
- Sex, gender, sexual orientation discrimination
- State and local government operations

Alternate Title(s) of Bill S 3195

Consumer Online Privacy Rights Act
Consumer Online Privacy Rights Act
A bill to provide consumers with foundational data privacy rights, create strong oversight mechanisms, and establish meaningful enforcement.

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