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DATA Privacy Act

12/30/2022, 8:03 AM

Summary of Bill HR 5807

Bill 117 HR 5807, also known as the DATA Privacy Act, is a piece of legislation currently being considered by the US Congress. The main purpose of this bill is to establish a comprehensive framework for protecting the privacy and security of personal data collected by companies and organizations.

The DATA Privacy Act would require companies to obtain explicit consent from individuals before collecting their personal data, and would also give individuals the right to access, correct, and delete their personal information. Additionally, the bill would require companies to implement data security measures to protect against data breaches and unauthorized access.

One of the key provisions of the DATA Privacy Act is the establishment of a new federal agency, the Data Privacy Enforcement Agency, which would be responsible for enforcing the provisions of the bill and investigating complaints of data privacy violations. The agency would have the authority to impose fines and other penalties on companies that violate the provisions of the bill. Overall, the DATA Privacy Act aims to provide individuals with greater control over their personal data and to ensure that companies are held accountable for how they collect and use that data. The bill has received bipartisan support in Congress and is seen as an important step towards protecting the privacy and security of personal data in the digital age.

Congressional Summary of HR 5807

Digital Accountability and Transparency to Advance Privacy Act or the DATA Privacy Act

This bill establishes information security requirements for businesses that collect, process, store, or disclose information relating to at least 50,000 people in a 12-month period. The bill applies to information that may be linked to a specific individual or a device associated with a specific individual. It does not cover data related to employment or publicly available government records.

Specifically, covered businesses must

  • provide consumers with accessible notice of the business's privacy practices with respect to such information; and
  • if meeting a certain revenue threshold, appoint a privacy officer to oversee compliance with the business's privacy practices.

The bill further requires the Federal Trade Commission to promulgate rules requiring covered businesses to

  • limit the purpose and amount of consumer data collection to reasonable business purposes, provide consumers with clear methods to opt-in and opt-out of such collection, and refrain from using such data for discriminatory purposes;
  • provide consumers with a method to access, revise, transmit, and delete collected information; and
  • establish information security standards based on the sensitivity and level of identifiability of the collected data, risk of exposure of such data, widely-accepted practices of securing such data, and cost and impact of implementing such practices.

Finally, the bill requires the National Science Foundation, and other agencies, to support research of technology that increases the privacy and confidentiality of collected data.

Current Status of Bill HR 5807

Bill HR 5807 is currently in the status of Bill Introduced since November 1, 2021. Bill HR 5807 was introduced during Congress 117 and was introduced to the House on November 1, 2021.  Bill HR 5807's most recent activity was Referred to the Subcommittee on Consumer Protection and Commerce. as of November 2, 2021

Bipartisan Support of Bill HR 5807

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

Policy Area and Potential Impact of Bill HR 5807

Primary Policy Focus

Commerce

Potential Impact Areas

- Accounting and auditing
- Administrative law and regulatory procedures
- Civil actions and liability
- Computer security and identity theft
- Computers and information technology
- Consumer affairs
- Employee hiring
- Federal Trade Commission (FTC)
- Government employee pay, benefits, personnel management
- Inflation and prices
- Research administration and funding
- Right of privacy
- State and local government operations

Alternate Title(s) of Bill HR 5807

DATA Privacy Act
DATA Privacy Act
Digital Accountability and Transparency to Advance Privacy Act
To establish national data privacy standards in the United States, and for other purposes.

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