,,ii #aacth ,,congress #b;d ,session ,s4 #bjbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjad,mr4 ,rockefeller 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require data brokers to establish procedures to ensure the accuracy of collected personal information1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,data ,broker ,accountability and ,transparency ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,data broker ,the term data broker means a commercial entity that collects1 assembles1 or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third party access to the information4 7#c7 ,non-public information ,the term non-public information means information about an individual that is of a private nature1 not available to the general public1 and not obtained from a public record4 7#d7 ,public record information ,the term public record information means information about an individual that has been obtained originally from records of a ,federal1 ,state1 or local government entity that are available for public inspection4 #c4 ,prohibition on obtaining or solicitation to obtain personal information by false pretenses 7a7 ,in general ,it shall be unlawful for a data broker to obtain or attempt to obtain1 or cause to be disclosed or attempt to cause to be disclosed to any person1 personal information or any other information relating to any person by making a false1 fictitious1 or fraudulent statement or representation to any person1 including by providing any document to any person1 that the data broker knows or should know to be forged1 counterfeit1 lost1 stolen1 or fraudulently obtained1 or contains a false1 fictitious1 or fraudulent statement or representation4 7b7 ,solicitation ,it shall be unlawful for a data broker to request a person to obtain personal information1 or any other information1 relating to any other person if the data broker knows or should know that the person to whom the request is made will obtain or attempt to obtain that information in the manner described in subsection 7a74 #d4 ,personal information 7a7 ,accuracy ,a data broker shall establish reasonable procedures to ensure the maximum possible accuracy of the personal information it collects1 assembles1 or maintains1 and any other information it collects1 assembles1 or maintains that specifically identifies an individual1 unless the information only identifies an individual's name or address4 7b7 ,exception2 fraud databases ,notwithstanding subsection 7a71 a data broker may collect or maintain information that may be inaccurate with respect to a particular individual if that information is being collected or maintained solely for the purpose of-- 7#a7 indicating whether there may be a discrepancy or irregularity in the personal information that is associated with an individual2 7#b7 helping to identify1 or to authenticate the identity of1 an individual2 or 7#c7 helping to protect against or investigate fraud or other unlawful conduct4 7c7 ,consumer access ,a data broker shall provide an individual a means to review any personal information or other information that specifically identifies that individual1 that the data broker collects1 assembles1 or maintains on that individual1 unless an exception applies under section #e4 7d7 ,review requirements ,the means for review under subsection 7c7 shall be provided-- 7#a7 at an individual's request2 7#b7 after verifying the identity of the individual2 7#c7 at least #a time per year2 and 7#d7 at no cost to the individual4 7e7 ,notice ,a data broker shall maintain an ,internet ,web site and place a clear and conspicuous notice on that ,internet ,web site instructing an individual-- 7#a7 how to review the information described under subsection 7c72 and 7#b7 how to express a preference with respect to the use of personal information for marketing purposes under subsection 7g74 7f7 ,disputed information ,an individual whose personal information is maintained by a data broker may dispute the accuracy of any information described under subsection 7c7 by requesting1 in writing1 that the data broker correct the information4 ,a data broker1 after verifying the identity of the individual making the request1 and unless there are reasonable grounds to believe the request is frivolous or irrelevant1 shall-- 7#a7 with regard to public record information-- 7,a7 inform the individual of the source of the information and1 if reasonably available1 where to direct the individual's request for correction2 or 7,b7 if the individual provides proof that the public record has been corrected or that the data broker was reporting the information incorrectly1 correct the inaccuracy in the data broker's records2 and 7#b7 with regard to non-public information-- 7,a7 note the information that is disputed1 including the individual's written request2 7,b7 if the information can be independently verified1 use the reasonable procedures established under subsection 7a7 to independently verify the information2 and 7,c7 if the data broker was reporting the information incorrectly1 correct the inaccuracy in the data broker's records4 7g7 ,certain marketing information ,a data broker that maintains any information described under subsection 7a7 and that uses1 shares1 or sells that information for marketing purposes shall provide each individual whose information it maintains with a reasonable means of expressing a preference not to have that individual's information used for those purposes4 ,if an individual expresses such a preference1 the data broker may not use1 share1 or sell that individual's information for marketing purposes4 7h7 ,persons regulated by the ,fair ,credit ,reporting ,act ,a data broker shall be deemed in compliance with this section with respect to information that is subject to the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 if the data broker is in compliance with sections #fji1 #faj1 and #faa of that ,act 7#ae ,u4,s4,c4 #afha;g1 #afha;h1 #afha;i74 #e4 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to implement and enforce the requirements of this ,act1 including-- 7#a7 a requirement that a data broker establish measures that facilitate the auditing or retracing of any internal or external access to1 or transmission of1 any data containing personal information collected1 assembled1 or maintained by the data broker2 7#b7 the establishment of a centralized ,internet ,web site for the benefit of consumers that lists the data brokers subject to section #d and provides additional information to consumers about their rights under this ,act2 7#c7 if the ,commission considers a data broker outside the scope of the purposes of this ,act1 the exclusion of that data broker from the applicability of this ,act1 such as1 if the ,commission considers it appropriate for exclusion1 a data broker who processes information collected by or on behalf of and received from or on behalf of a nonaffiliated third party concerning an individual who is a customer or an employee of that third party to enable that third party1 directly or through parties acting on its behalf1 to provide benefits for its employees or directly transact business with its customers2 7#d7 any exceptions1 that the ,commission considers necessary1 to the auditing and retracing requirements under paragraph 7#a7 to further or protect law enforcement or national security activities2 and 7#e7 any exceptions1 that the ,commission considers necessary1 to an individual's right to review the information described under section #d7;c71 such as for child protection1 law enforcement1 fraud prevention1 or other legitimate government purposes4 #f4 ,enforcement 7a7 ,in general ,a violation of a regulation prescribed under this ,act shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of ,commission ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any data broker who violates a regulation prescribed under this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7c7 ,enforcement by ,state attorneys general 7#a7 ,civil action ,except as provided under paragraph 7#c77;,b71 in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by a data broker who violates a regulation prescribed under this ,act1 the attorney general1 official1 or agency of the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states of appropriate jurisdiction-- 7,a7 to enjoin further violation of this ,act by the defendant2 7,b7 to compel compliance with this ,act2 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents1 or to obtain such further and other relief as the court may deem appropriate2 or 7,d7 to obtain civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties 7,a7 ,calculation ,for purposes of imposing a civil penalty under paragraph 7#a77;,d71 the amount determined under this paragraph is the amount calculated by multiplying the number of separate violations of a rule by an amount not greater than #af1jjj4 7,b7 ,adjustment for inflation ,beginning on the date that the ,consumer ,price ,index is first published by the ,bureau of ,labor ,statistics that is after #a year after the date of enactment of this ,act1 and each year thereafter1 the amount specified in subparagraph 7,a7 shall be increased by the percentage increase in the ,consumer ,price ,index published on that date from the ,consumer ,price ,index published the previous year4 7#c7 ,intervention by the ,commission 7,a7 ,notice ,a ,state shall provide prior written notice of any civil action under paragraph 7#a7 to the ,commission and provide the ,commission with a copy of its complaint1 except in any case in which such prior notice is not feasible1 in which case the ,state shall serve such notice immediately upon instituting such action4 7,b7 ,intervention by the ,commission ,the ,commission shall have the right-- 7i7 to intervene in the civil action under paragraph 7#a72 7ii7 upon so intervening1 to be heard on all matters arising in that civil action2 and 7iii7 to file petitions for appeal of a decision in that civil action4 7,c7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this ,act alleged in the complaint4 7#d7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state-- 7,a7 to conduct investigations2 7,b7 to administer oaths or affirmations2 or 7,c7 to compel the attendance of witnesses or the production of documentary and other evidence4 #g4 ,effect on other laws 7a7 ,preservation of ,commission authority ,nothing in this ,act may be construed in any way to limit or affect the ,commission's authority under any other provision of law4 7b7 ,preservation of other ,federal law ,nothing in this ,act may be construed in any way to supersede1 restrict1 or limit the application of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 or any other ,federal law4