,,ii #aafth ,,congress #ast ,session ,s4 #bahf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjai ,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require entities to provide consumers with the opportunity to prohibit the entity from collecting or using certain data concerning the consumer and to request deletion of such data4 #a4 ,short title ,this ,act may be cited as the ,protecting ,personal ,information ,act of #bjai4 #b4 ,requirements for entities with respect to the collection or use of certain data concerning the consumer 7a7 ,opportunity ,to prohibit the entity from collecting or using certain data ,a covered entity shall1 prior to collecting covered data concerning an individual1 provide the individual with an opportunity to prohibit the covered entity from collecting such data or selling or otherwise transferring such data to a third party4 7b7 ,deletion upon request ,upon a request from an individual for whom a covered entity has collected covered data1 the covered entity shall1 without undue delay1 delete such covered data4 #c4 ,enforcement by the ,federal ,trade ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of section #b 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 7#a7 ,in general ,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 7#b7 ,privileges and immunities ,any covered entity that violates section #b 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 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 #d4 ,enforcement by ,states 7a7 ,in general ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is threatened or adversely affected by the engagement of any covered entity subject to section #b in a practice that violates such section1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7#a7 to enjoin further violation of such section by such person2 7#b7 to compel compliance with such section2 and 7#c7 to obtain damages1 restitution1 or other compensation on behalf of such residents4 7b7 ,rights of ,federal ,trade ,commission 7#a7 ,notice to ,federal ,trade ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under subsection 7a7 not later than #aj days before initiating the civil action4 7,b7 ,contents ,the notification required by subparagraph 7,a7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7,c7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by subparagraph 7,a7 before initiating a civil action under subsection 7a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7#b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7,a7 intervene in any civil action brought by the attorney general of a ,state under subsection 7a72 and 7,b7 upon intervening-- 7i7 be heard on all matters arising in the civil action2 and 7ii7 file petitions for appeal of a decision in the civil action4 7c7 ,investigatory powers ,nothing in this section may be construed to prevent the attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of the ,state to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7d7 ,preemptive action by ,federal ,trade ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of section 7#b71 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under subsection 7a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7e7 ,venue2 service of process 7#a7 ,venue ,any action brought under subsection 7a7 may be brought in-- 7,a7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7,b7 another court of competent jurisdiction4 7#b7 ,service of process ,in an action brought under subsection 7a71 process may be served in any district in which the defendant-- 7,a7 is an inhabitant2 or 7,b7 may be found4 7f7 ,actions by other ,state officials 7#a7 ,in general ,in addition to civil actions brought by attorneys general under subsection 7a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under subsection 7a71 subject to the same requirements and limitations that apply under this section to civil actions brought by attorneys general4 7#b7 ,savings provision ,nothing in this section may be construed to prohibit an authorized official of a ,state from initiating or continuing any proceeding in a court of the ,state for a violation of any civil or criminal law of the ,state4 #e4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,covered data 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term covered data means only the following3 7i7 ,personally identifiable information4 7ii7 ,unique identifier information4 7iii7 ,any information that is collected1 used1 or stored in connection with personally identifiable information or unique identifier information in a manner that may reasonably be used by the party collecting the information to identify a specific individual4 7,b7 ,exception ,the term covered data does not include the following3 7i7 ,personally identifiable information obtained from public records that is not merged with covered information gathered elsewhere4 7ii7 ,personally identifiable information that is obtained from a forum-- 7,i7 where the individual voluntarily shared the information or authorized the information to be shared2 and 7,,ii7 that-- 7aa7 is widely and publicly available and was not made publicly available in bad faith2 and 7bb7 contains no restrictions on who can access and view such information4 7iii7 ,personally identifiable information reported in public media4 7iv7 ,personally identifiable information dedicated to contacting an individual at the individual's place of work4 7#c7 ,covered entity ,the term covered entity means an entity-- 7,a7 that collects covered data concerning individuals2 7,b7 that-- 7i7 has gross annual revenue in excess of #be1jjj1jjj2 7ii7 annually buys1 receives1 sells1 or shares covered data of #ej1jjj or more individuals2 or 7iii7 derives #ej percent or more of its annual revenue from selling individuals' covered data2 and 7,c7 that is-- 7i7 a person over which the ,commission has authority pursuant to section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b772 7ii7 a common carrier subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq471 notwithstanding the definition of the term ,acts to regulate commerce in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 and the exception provided by section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 for such carriers2 or 7iii7 a nonprofit organization1 including any organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf that is exempt from taxation under section #eja7;a7 of such ,code1 notwithstanding the definition of the term ,acts to regulate commerce in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 and the exception provided by section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b77 for such organizations4 7#d7 ,delete ,the term delete means to remove personally identifiable information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business4 7#e7 ,personally identifiable information ,the term personally identifiable information means only the following3 7,a7 ,any of the following information about an individual3 7i7 ,the first name 7or initial7 and last name of an individual1 whether given at birth or time of adoption1 or resulting from a lawful change of name4 7ii7 ,the postal address of a physical place of residence of such individual4 7iii7 ,an e-mail address4 7iv7 ,a telephone number or mobile device number4 7v7 ,a social security number or other government issued identification number issued to such individual4 7vi7 ,the account number of a credit card issued to such individual4 7vii7 ,unique identifier information that alone can be used to identify a specific individual4 7viii7 ,biometric data about such individual1 including fingerprints and retina scans4 7,b7 ,if used1 transferred1 or stored in connection with one or more of the items of information described in subparagraph 7,a71 any of the following3 7i7 ,a date of birth4 7ii7 ,the number of a certificate of birth or adoption4 7iii7 ,a place of birth4 7iv7 ,unique identifier information that alone cannot be used to identify a specific individual4 7v7 ,precise geographic location1 at the same degree of specificity as a global positioning system or equivalent system1 and not including any general geographic information that may be derived from an ,internet ,protocol address4 7vi7 ,information about an individual's destination1 location1 and amount of uses of voice services1 regardless of technology used4 7vii7 ,any other information concerning an individual that may reasonably be used by the party using1 collecting1 or storing that information to identify that individual4 7#f7 ,third party ,the term third party means1 with respect to a covered entity1 a person that-- 7,a7 is-- 7i7 not related to the covered entity by common ownership or corporate control2 or 7ii7 related to the covered entity by common ownership or corporate control and an ordinary consumer would not understand that the covered entity and the person were related by common ownership or corporate control2 7,b7 is not a service provider used by the covered entity to receive covered data in performing services or functions on behalf of and under the instruction of the covered entity2 and 7,c7 with respect to the collection of covered data of an individual1 does not have an established business relationship with the individual and does not identify itself to the individual at the time of such collection in a clear and conspicuous manner that is visible to the individual4