,i #aagth ,,congress #b;d ,session ,h4 ,r4 #haeb ,,in ,,the ,,house ,,of ,,representatives ,june #ba1 #bjbb ,mr4 ,pallone 7for himself1 ,mrs4 ,rodgers of ,washington1 ,ms4 ,schakowsky1 and ,mr4 ,bilirakis7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to provide consumers with foundational data privacy rights1 create strong oversight mechanisms1 and establish meaningful enforcement4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,data ,privacy and ,protection ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,duty of loyalty ,sec4 #aja4 ,data minimization4 ,sec4 #ajb4 ,loyalty duties4 ,sec4 #ajc4 ,privacy by design4 ,sec4 #ajd4 ,loyalty to individuals with respect to pricing4 ,title ,,ii--,consumer data rights ,sec4 #bja4 ,consumer awareness4 ,sec4 #bjb4 ,transparency4 ,sec4 #bjc4 ,individual data ownership and control4 ,sec4 #bjd4 ,right to consent and object4 ,sec4 #bje4 ,data protections for children and minors4 ,sec4 #bjf4 ,third-party collecting entities4 ,sec4 #bjg4 ,civil rights and algorithms4 ,sec4 #bjh4 ,data security and protection of covered data4 ,sec4 #bji4 ,small business protections4 ,sec4 #baj4 ,unified opt-out mechanisms4 ,title ,,iii--,corporate accountability ,sec4 #cja4 ,executive responsibility4 ,sec4 #cjb4 ,service providers and third parties4 ,sec4 #cjc4 ,technical compliance programs4 ,sec4 #cjd4 ,commission approved compliance guidelines4 ,sec4 #cje4 ,digital content forgeries4 ,title ,,iv--,enforcement1 applicability1 and miscellaneous ,sec4 #dja4 ,enforcement by the ,federal ,trade ,commission4 ,sec4 #djb4 ,enforcement by ,state attorneys general4 ,sec4 #djc4 ,enforcement by individuals4 ,sec4 #djd4 ,relationship to ,federal and ,state laws4 ,sec4 #dje4 ,severability4 ,sec4 #djf4 ,,coppa4 ,sec4 #djg4 ,authorization of appropriations4 ,sec4 #djh4 ,effective date4 #b4 ,definitions ,in this ,act3 7#a7 ,affirmative express consent 7,a7 ,in general ,the term affirmative express consent means an affirmative act by an individual that clearly communicates the individual's freely given1 specific1 informed1 and unambiguous authorization for an act or practice1 in response to a specific request from a covered entity that meets the requirements of subparagraph 7,b74 7,b7 ,request requirements ,the requirements of this subparagraph with respect to a request from a covered entity to an individual are the following3 7i7 ,the request is provided to the individual in a clear and conspicuous standalone disclosure made through the primary medium used to offer the covered entity's product or service4 7ii7 ,the request includes a description of the act or practice for which the individual's consent is sought and-- 7,i7 clearly states the specific categories of covered data that the covered entity shall collect1 process1 and transfer for each act or practice2 7,,ii7 clearly distinguishes between any act or practice which is necessary to fulfill a request of the individual and any act or practice which is for another purpose2 and 7,,iii7 includes a prominent heading and is written in easy-to-understand language that would enable a reasonable individual to identify and understand the processing purpose for which consent is sought and the covered data to be collected1 processed1 or transferred by the covered entity for such processing purpose4 7iii7 ,the request clearly explains the individual's applicable rights related to consent4 7iv7 ,the request shall be made in a manner readily accessible to and usable by individuals with disabilities4 7v7 ,the request shall be made available to the public in each language in which the covered entity provides a product or service for which authorization is sought or in which the covered entity carries out any activity related to any product or service for which the covered data of the individual may be collected1 processed1 or transferred4 7,c7 ,express consent required ,a covered entity shall not infer that an individual has provided affirmative express consent to an act or practice from the inaction of the individual or the individual's continued use of a service or product provided by the covered entity4 7,d7 ,pretextual consent prohibited ,a covered entity shall not obtain or attempt to obtain the affirmative express consent of an individual through-- 7i7 the use of any false1 fictitious1 fraudulent1 or materially misleading statement or representation2 or 7ii7 the design1 modification1 or manipulation of any user interface with the purpose or substantial effect of obscuring1 subverting1 or impairing a reasonable individual's autonomy1 decision making1 or choice to provide such consent or any covered data4 7#b7 ,algorithm ,the term algorithm means a computational process that uses machine learning1 natural language processing1 artificial intelligence techniques1 or other computational processing techniques of similar or greater complexity that makes a decision or facilitate human decision making with respect to covered data1 including to determine the provision of products or services or to rank1 order1 promote1 recommend1 amplify1 or similarly determine the delivery or display of information to an individual4 7#c7 ,biometric information 7,a7 ,in general ,the term biometric information means any covered data generated from the technological processing of an individual's unique biological1 physical1 or physiological characteristics that is linked or reasonably linkable to an individual including-- 7i7 fingerprints2 7ii7 voice prints2 7iii7 iris or retina scans2 7iv7 facial mapping or hand mapping1 geometry1 or templates2 or 7v7 gait or personally identifying physical movements4 7,b7 ,exclusion ,the term biometric information does not include-- 7i7 a digital or physical photograph2 7ii7 an audio or video recording2 or 7iii7 data generated from a digital or physical photograph1 or an audio or video recording that cannot be used to identify an individual4 7#d7 ,collect2 collection ,the terms collect and collection mean buying1 renting1 gathering1 obtaining1 receiving1 accessing1 or otherwise acquiring covered data by any means4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,common branding ,the term common branding means a name1 service mark1 or trademark that is shared by #b or more entities4 7#g7 ,control ,the term control means1 with respect to an entity-- 7,a7 ownership of1 or the power to vote1 more than #ej percent of the outstanding shares of any class of voting security of the entity2 7,b7 control over the election of a majority of the directors of the entity 7or of individuals exercising similar functions72 or 7,c7 the power to exercise a controlling influence over the management of the entity4 7#h7 ,covered data 7,a7 ,in general ,the term covered data means information that identifies or is linked or reasonably linkable1 alone or in combination with other information1 to an individual or a device that identifies or is linked or reasonably linkable to an individual1 and may include derived data and unique identifiers4 7,b7 ,exclusions ,the term covered data does not include-- 7i7 de-identified data2 7ii7 employee data2 7iii7 publicly available information2 or 7iv7 inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive covered data with respect to an individual4 7,c7 ,employee data defined ,for purposes of subparagraph 7,b71 the term employee data means-- 7i7 information relating to a job applicant collected by a covered entity acting as a prospective employer of such job applicant in the course of the application1 or hiring process1 provided that such information is collected1 processed1 or transferred by the prospective employer solely for purposes related to the employee's status as a current or former job applicant of such employer2 7ii7 the business contact information of an employee1 including the employee's name1 position or title1 business telephone number1 business address1 or business email address that is provided to an employer by an employee who is acting in a professional capacity1 provided that such information is collected1 processed1 or transferred solely for purposes related to such employee's professional activities2 7iii7 emergency contact information collected by an employer that relates to an employee of that employer1 provided that such information is collected1 processed1 or transferred solely for the purpose of having an emergency contact on file for the employee2 or 7iv7 information relating to an employee 7or a spouse1 dependent1 other covered family member1 or beneficiary of such employee7 that is necessary for the employer to collect1 process1 or transfer solely for the purpose of administering benefits to which such employee 7or spouse1 dependent1 other covered family member1 or beneficiary of such employee7 is entitled on the basis of the employee's position with that employer4 7#i7 ,covered entity 7,a7 ,the term covered entity-- 7i7 means any entity or any person1 other than an individual acting in a non-commercial context1 that alone or jointly with others determines the purposes and means of collecting1 processing1 or transferring covered data and-- 7,i7 is subject to the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq472 7,,ii7 is a common carrier subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja-bca7 as currently enacted or subsequently amended2 or 7,,iii7 is an organization not organized to carry on business for their own profit or that of their members2 and 7ii7 includes any entity or person that controls1 is controlled by1 or is under common control with another covered entity4 7,b7 ,exclusions ,the term covered entity does not include-- 7i7 a governmental entity such as a body1 authority1 board1 bureau1 commission1 district1 agency1 or political subdivision of the ,federal1 ,state1 or local government2 or 7ii7 a person or an entity that is collecting1 processing1 or transferring covered data on behalf of or a ,federal1 ,state1 ,tribal1 territorial1 or local government entity4 7#aj7 ,de-identified data ,the term de-identified data means information that does not identify and is not linked or reasonably linkable to an individual or an individual's device1 regardless of whether the information is aggregated1 provided that the covered entity-- 7,a7 takes reasonable technical1 administrative1 and physical measures to ensure that the information cannot1 at any point1 be used to re-identify any individual or device2 7,b7 publicly commits in a clear and conspicuous manner-- 7i7 to process and transfer the information solely in a de-identified form without any reasonable means for re-identification2 and 7ii7 to not attempt to re-identify the information with any individual or device2 and 7,c7 contractually obligates any person or entity that receives the information from the covered entity to comply with all of the provisions of this paragraph4 7#aa7 ,derived data ,the term derived data means covered data that is created by the derivation of information1 data1 assumptions1 correlations1 inferences1 predictions1 or conclusions from facts1 evidence1 or another source of information or data about an individual or an individual's device4 7#ab7 ,device ,the term device means any electronic equipment capable of transmitting or receiving covered data that is designed for use by one or more individuals4 7#ac7 ,employee ,the term employee means 7regardless of whether such employee is paid1 unpaid1 or employed on a temporary basis7 an employee1 director1 officer1 staff member1 an individual working as a contractor1 trainee1 volunteer1 or intern of an employer4 7#ad7 ,executive agency ,the ,executive agency has the meaning set forth in section #aje of title #e1 ,united ,states ,code4 7#ae7 ,genetic information ,the term genetic information means any covered data1 regardless of its format1 that concerns an individual's genetic characteristics1 including-- 7,a7 raw sequence data that results from the sequencing of an individual's complete extracted or a portion of the extracted deoxyribonucleic acid 7,,dna72 or 7,b7 genotypic and phenotypic information that results from analyzing the raw sequence data4 7#af7 ,individual ,the term individual means a natural person residing in the ,united ,states4 7#ag7 ,large data holder ,the term large data holder means a covered entity or service provider that1 in the most recent calendar year-- 7,a7 had annual gross revenues of #bej1jjj1jjj or more2 and 7,b7 collected1 processed1 or transferred-- 7i7 the covered data of more than #e1jjj1jjj individuals or devices that identify or are linked or reasonably linkable to #a or more individuals2 and 7ii7 the sensitive covered data of more than #bjj1jjj individuals or devices that identify or are linked or reasonably linkable to #a or more individuals4 7,c7 ,exclusions ,the term large data holder does not include any instance where the covered entity or service provider would qualify as a large data holder solely on account of collecting1 or processing-- 7i7 personal email addresses2 7ii7 personal telephone numbers2 or 7iii7 log-in information of an individual or device to allow the individual or device to log in to an account administered by the covered entity or service provider4 7,d7 ,revenue ,for purposes of this determining whether any covered entity or service provider is a large data holder1 the term revenue as it relates to any covered entity or service provider that is not organized to carry on business for its own profit or that of its members1 means the gross receipts the covered entity or service provider received in whatever form from all sources without subtracting any costs or expenses1 and includes contributions1 gifts1 grants1 dues or other assessments1 income from investments1 or proceeds from the sale of real or personal property4 7#ah7 ,market research ,the term market research means the collection1 processing1 or transfer of covered data as reasonably necessary and proportionate to investigate the market for or marketing of products1 services1 or ideas1 where the covered data is not-- 7,a7 integrated into any product or service2 7,b7 otherwise used to contact any individual or individual's device2 or 7,c7 used to advertise or market to any individual or individual's device4 7#ai7 ,material ,the term material means with respect to an act1 practice1 or representation of a covered entity 7including a representation made by the covered entity in a privacy policy or similar disclosure to individuals71 involving the collection1 processing1 or transfer of covered data that such act1 practice1 or representation is likely to affect an individual's decision or conduct regarding a product or service4 7#bj7 ,precise geolocation information 7,a7 ,in general ,the term precise geolocation information means information that reveals the past or present physical location of an individual1 or device that identifies or is linked or reasonably linkable to #a or more individuals1 with sufficient precision to identify street level location information or an individual's location within a range of #a1jjj feet or less4 7,b7 ,exclusion ,the term precise geolocation information does not mean geolocation information identifiable solely from the visual content of an image4 7#ba7 ,process ,the term process means to conduct or direct any operation or set of operations performed on covered data including analyzing1 organizing1 structuring1 retaining1 storing1 using1 or otherwise handling covered data4 7#bb7 ,processing purpose ,the term processing purpose means a reason for which a covered entity collects1 processes1 or transfers covered data that is specific and granular enough for a reasonable individual to understand the material facts of how and why the covered entity collects1 processes1 or transfers the covered data4 7#bc7 ,publicly available information 7,a7 ,in general ,the term publicly available information means any information that a covered entity has a reasonable basis to believe has been lawfully made available to the general public from-- 7i7 ,federal1 ,state1 or local government records provided that the covered entity collects1 processes1 and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity2 7ii7 widely distributed media2 7iii7 a website or online service made available to all members of the public1 for free or for a fee1 including where all members of the public can log-in to the website or online service2 7iv7 a disclosure that has been made to the general public as required by ,federal1 ,state1 or local law2 or 7v7 a visual observation of an individual's physical presence in a public place by another person1 not including data collected by a device in the individual's possession4 7,b7 ,clarifications2 limitations 7i7 ,available to all members of the public ,for purposes of this paragraph1 information from a website or online service is not available to all members of the public if the individual who made the information available via the website or online service has restricted the information to a specific audience4 7ii7 ,other limitations ,the term publicly available information does not include-- 7,i7 any obscene visual depiction 7as defined for purposes of section #adfj of title #ah1 ,united ,states ,code72 7,,ii7 inferences made exclusively from multiple independent sources of publicly available information that do not reveal sensitive covered data with respect to an individual2 7,,iii7 biometric information2 7,,iv7 publicly available information that has been combined with covered data2 7,v7 genetic information2 or 7,,vi7 known nonconsensual intimate images4 7#bd7 ,sensitive covered data 7,a7 ,in general ,the term sensitive covered data means the following forms of covered data3 7i7 ,a government-issued identifier1 such as a social security number1 passport number1 or driver's license number1 that is not required by law to be displayed in public4 7ii7 ,any information that describes or reveals the past1 present1 or future physical health1 mental health1 disability1 diagnosis1 or healthcare condition or treatment of an individual4 7iii7 ,a financial account number1 debit card number1 credit card number1 or information about income level or bank account balances4 7iv7 ,biometric information4 7v7 ,genetic information4 7vi7 ,precise geolocation information4 7vii7 ,an individual's private communications such as voicemails1 emails1 texts1 direct messages1 or mail1 or information identifying the parties to such communications1 voice communications1 and any information that pertains to the transmission of such communications1 including telephone numbers called1 telephone numbers from which calls were placed1 the time calls were made1 call duration1 and location information of the parties to the call1 unless the covered entity is the sender or an intended recipient of the communication4 ,communications are not private for purposes of this paragraph if such communications are made from or to a device provided by an employer to an employee insofar as such employer provides conspicuous notice that it may access such communications4 7viii7 ,account or device log-in credentials1 or security or access codes for an account or device4 7ix7 ,information identifying the sexual orientation or sexual behavior of an individual in a manner inconsistent with the individual's reasonable expectation regarding disclosure of such information4 7x7 ,calendar information1 address book information1 phone or text logs1 photos1 audio recordings1 or videos maintained for private use by an individual1 regardless of whether such information is stored on the individual's device or in a separate location on an individual's device1 regardless of whether such information is backed up in a separate location4 7xi7 ,a photograph1 film1 video recording1 or other similar medium that shows the naked or undergarment-clad private area of an individual4 7xii7 ,information that reveals the video content or services requested or selected by an individual from a provider of broadcast television service1 cable service1 satellite service or streaming media service4 7xiii7 ,information about an individual when the covered entity knows that the individual is under the age of #ag4 7xiv7 ,any other covered data collected1 processed1 or transferred for the purpose of identifying the above data types4 7,b7 ,rulemaking ,the ,commission may commence a rulemaking pursuant to section #eec of title #e1 ,united ,states ,code1 to include any additional category of covered data under this definition that may require a similar level of protection as the data listed in clauses 7i7 through 7xvi7 of subparagraph 7,a7 as a result of any new method of collecting1 processing1 or transferring covered data4 7#be7 ,service provider ,the term service provider means a person or entity that collects1 processes1 or transfers covered data on behalf of1 and at the direction of1 a covered entity and which receives covered data from or on behalf of a covered entity pursuant to a written contract1 provided that the contract meets the requirements of section #cjb4 7#bf7 ,service provider data ,the term service provider data means covered data that is collected or processed by or has been transferred to a service provider by a covered entity for the purpose of allowing the service provider to perform a service or function on behalf of1 and at the direction of1 such covered entity4 7#bg7 ,state ,the term ,state means any of the #ej ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,northern ,mariana ,islands1 or the ,trust ,territory of the ,pacific ,islands4 7#bh7 ,state privacy authority 7,a7 ,in general ,the term ,state ,privacy ,authority means-- 7i7 the chief consumer protection officer of a ,state2 or 7ii7 a ,state consumer protection agency with expertise in data protection4 7#bi7 ,substantial privacy risk ,the term substantial privacy risk means the collection1 processing1 or transfer of covered data in a manner that may result in any reasonably foreseeable material physical injury1 economic injury1 highly offensive intrusion into the reasonable privacy expectations of an individual under the circumstances1 or discrimination on the basis of race1 color1 religion1 national origin1 sex1 or disability4 7#cj7 ,targeted advertising ,the term targeted advertising-- 7,a7 means displaying to an individual or device identified by a unique identifier an online advertisement or content that is selected based on known or predicted preferences1 characteristics1 or interests associated with the individual or a device identified by a unique identifier2 and 7,b7 does not include-- 7i7 advertising or marketing to an individual or an individual's device in response to the individual's specific request for information or feedback2 7ii7 contextual advertising1 which is when an advertisement is displayed based on the content or location in which the advertisement appears and does not vary based on who is viewing the advertisement2 or 7iii7 processing covered data solely for measuring or reporting advertising or content1 performance1 reach1 or frequency1 including independent measurement4 7#ca7 ,third party ,the term third party-- 7,a7 means any person or entity that-- 7i7 collects1 processes1 or transfers third-party data2 and 7ii7 is not a service provider with respect to such data2 and 7,b7 does not include a person or entity that collects covered data from another entity if the #b entities are related by common ownership or corporate control and share common branding1 unless one of those is a large data holder or those entities are each related to a large data holder through common ownership or corporate control4 7#cb7 ,third-party collecting entity 7,a7 ,in general ,the term third-party collecting entity-- 7i7 means a covered entity whose principal source of revenue is derived from processing or transferring the covered data that the covered entity did not collect directly from the individuals linked or linkable to the covered data2 and 7ii7 does not include a covered entity in so far as such entity processes employee data collected by and received from a third party concerning any individual who is an employee of the third party for the sole purpose of such third party providing benefits to the employee4 7,b7 ,principal source of revenue defined ,for purposes of this paragraph1 principal source of revenue means1 for the prior #ab-month period1 either-- 7i7 more than #ej percent of all revenue of the covered entity2 or 7ii7 obtaining revenue from processing or transferring the covered data of more than #e1jjj1jjj individuals that the covered entity did not collect directly from the individuals to which the covered data pertains4 7,c7 ,non-application to service providers ,an entity shall not be considered to be a third-party collecting entity for purposes of this ,act if the entity is acting as a service provider 7as defined in this section74 7#cc7 ,third-party data ,the term third-party data means covered data that has been transferred to a third party by a covered entity4 7#cd7 ,transfer ,the term transfer means to disclose1 release1 share1 disseminate1 make available1 or license in writing1 electronically1 or by any other means4 7#ce7 ,unique identifier ,the term unique identifier means an identifier to the extent that such identifier is reasonably linkable to an individual or device that identifies or is linked or reasonably linkable to #a or more individuals1 including a device identifier1 an ,internet ,protocol address1 cookies1 beacons1 pixel tags1 mobile ad identifiers1 or similar technology1 customer number1 unique pseudonym1 or user alias1 telephone numbers1 or other forms of persistent or probabilistic identifiers that are linked or reasonably linkable to an individual or device4 7#cf7 ,widely distributed media ,the term widely distributed media means information that is available to the general public1 including information from a telephone book or online directory1 a television1 internet1 or radio program1 the news media1 or an internet site that is available to the general public on an unrestricted basis1 but does not include an obscene visual depiction 7as defined in section #adfj of title #ah1 ,united ,states ,code74 ,i ,duty of loyalty #aja4 ,data minimization 7a7 ,in general ,a covered entity shall not collect1 process1 or transfer covered data unless the collection1 processing1 or transfer is limited to what is reasonably necessary and proportionate to-- 7#a7 provide1 or maintain a specific product or service requested by the individual to whom the data pertains2 7#b7 deliver a communication that is reasonably anticipated by the individual recipient within the context of the individual's interactions with the covered entity2 or 7#c7 effect a purpose expressly permitted under subsection 7b74 7b7 ,permissible purposes ,a covered entity or service provider may collect1 process1 or transfer covered data for any of the following purposes provided that the covered entity or service provider can demonstrate that collection1 processing1 or transfer complies with all other applicable laws not preempted in section #djd and provisions of this ,act and is limited to what is reasonably necessary and proportionate to such purpose3 7#a7 ,to initiate or complete a transaction or fulfill an order or service specifically requested by an individual1 including any associated routine administrative activity such as billing1 shipping1 delivery1 and accounting1 including the collection1 processing1 or transferring of the last four digits of a credit card number4 7#b7 ,with respect to covered data previously collected in accordance with this ,act1 notwithstanding this exception1 to process such data as necessary to perform system maintenance or diagnostics1 to maintain a product or service for which such data was collected1 to conduct internal research or analytics1 to improve a product or service for which such data was collected and to perform inventory management or reasonable network management1 to protect against spam1 or to debug or repair errors that impair the functionality of a service or product for which such data was collected4 7#c7 ,to authenticate users of a product or service4 7#d7 ,to prevent1 detect1 protect against1 or respond to a security incident1 or fulfill a product or service warranty4 ,for purposes of this paragraph1 security is defined as network security as well as intrusion1 medical alerts1 fire alarms1 and access control security4 7#e7 ,to prevent1 detect1 protect against or respond to fraud1 harassment1 or illegal activity4 ,for the purposes of this paragraph1 illegal activity means a violation of a ,federal1 ,state1 or local law punishable as a felony or misdemeanor that can directly harm another person4 7#f7 ,to comply with a legal obligation imposed by ,federal1 ,tribal1 ,local1 or ,state law1 or to establish1 exercise1 or defend legal claims4 7#g7 ,to prevent an individual1 or groups of individuals1 from suffering harm where the covered entity or service provider believes in good faith that the individual1 or groups of individuals1 is at risk of death1 serious physical injury1 or other serious health risk4 7#h7 ,to effectuate a product recall pursuant to ,federal or ,state law4 7#i7 7,a7 ,to conduct a public or peer-reviewed scientific1 historical1 or statistical research project that-- 7i7 is in the public interest2 7ii7 adheres to all relevant laws governing such research2 and 7iii7 adheres to the regulations for human subject research established under part #df of title #de1 ,code of ,federal ,regulations 7or a successor regulations74 7,b7 ,the ,commission should set forth within #ah months of the enactment of this ,act guidelines to help covered entities ensure the privacy of affected users and the security of covered data1 particularly as data is being transferred to and stored by researchers4 7#aj7 ,to deliver a communication at the direction of an individual between the communicating individual and one or more individuals or entities4 7#aa7 ,with respect to covered data previously collected in accordance with this ,act1 notwithstanding this exception1 to process such data as necessary to provide first party marketing or advertising of products or services provided by the covered entity4 7#ab7 ,otherwise complies with the requirements of this ,act1 including section #bjd7;c71 to provide a targeted advertisement4 7c7 ,guidance ,the ,commission shall issue guidance regarding what is reasonably necessary and proportionate to comply with this section4 ,such guidance shall take into consideration-- 7#a7 the size of1 and the nature1 scope1 and complexity of the activities engaged in by the covered entity1 including whether the covered entity is a large data holder1 nonprofit organization1 covered entities meeting the requirements of section #bji1 service provider1 third party1 or third-party collecting entity2 7#b7 the sensitivity of covered data collected1 processed1 or transferred by the covered entity2 7#c7 the volume of covered data collected1 processed1 or transferred by the covered entity2 and 7#d7 the number of individuals and devices to which the covered data collected1 processed1 or transferred by the covered entity relates4 7d7 ,deceptive marketing of a product or service ,a covered entity1 service provider1 or third party is prohibited from engaging in deceptive advertising or marketing with respect to a product or service provided to an individual4 #ajb4 ,loyalty duties 7a7 ,restricted data practices ,notwithstanding section #aja and unless an exception applies1 with respect to covered data1 a covered entity shall not-- 7#a7 collect1 process1 or transfer a social security number1 except when necessary to facilitate extensions of credit1 authentication1 the payment and collection of taxes1 the enforcement of a contract between parties1 or the prevention1 investigation1 and prosecution of fraud or illegal activity2 7#b7 collect or process sensitive covered data1 except where such collection or processing is strictly necessary to provide or maintain a specific product or service requested by the individual to whom the covered data pertains1 or to effect a purpose enumerated in section #aja7;b77#a7 through 7#aj72 7#c7 transfer an individual's sensitive covered data to a third party1 unless-- 7,a7 the transfer is made pursuant to the affirmative express consent of the individual2 7,b7 the transfer is necessary to comply with a legal obligation imposed by ,federal1 ,state1 or local law1 or to establish1 exercise1 or defend legal claims2 7,c7 the transfer is necessary to prevent an individual from imminent injury where the covered entity believes in good faith that the individual is at risk of death or serious physical injury2 7,d7 the transfer of biometric information is necessary to facilitate data security or authentication2 7,e7 the transfer of a password is necessary to use a designated password manager or is to a covered entity for the exclusive purpose of identifying passwords that are being re-used across sites or accounts2 or 7,f7 the transfer of genetic information is necessary to perform a medical diagnosis or medical treatment specifically requested by an individual1 or to conduct medical research in accordance with conditions of section #aja7;b77#i72 or 7#d7 collect1 process1 or transfer an individual's aggregated internet search or browsing history1 except with the affirmative express consent of the individual or pursuant to one of the permissible purposes enumerated in section #aja7;b77#a7 through 7#aj74 #ajc4 ,privacy by design 7a7 ,policies1 practices1 and procedures ,a covered entity and a service provider shall establish1 implement1 and maintain reasonable policies1 practices1 and procedures regarding the collection1 processing1 and transfer of covered data to-- 7#a7 consider ,federal laws1 rules1 or regulations related to covered data the covered entity or service provider collects1 processes1 or transfers2 7#b7 identify1 assess1 and mitigate privacy risks related to individuals under the age of #ag1 if applicable2 7#c7 mitigate privacy risks1 including substantial privacy risks1 related to the products and services of the covered entity or the service provider1 including their design1 development1 and implementation2 and 7#d7 implement reasonable training and safeguards within the covered entity and service provider to promote compliance with all privacy laws applicable to covered data the covered entity collects1 processes1 or transfers or covered data the service provider collects1 processes1 or transfers on behalf of the covered entity and mitigate privacy risks1 including substantial privacy risks4 7b7 ,factors ,to consider ,the policies1 practices1 and procedures established by a covered entity and a service provider under subsection 7a71 shall correspond with-- 7#a7 the size of the covered entity or the service provider and the nature1 scope1 and complexity of the activities engaged in by the covered entity1 including whether the covered entity is a large data holder1 nonprofit organization1 covered entities meeting the requirements of section #bji1 third party1 or third-party collecting entity2 7#b7 the sensitivity of the covered data collected1 processed1 or transferred by the covered entity or service provider2 7#c7 the volume of covered data collected1 processed1 or transferred by the covered entity or service provider2 7#d7 the number of individuals and devices to which the covered data collected1 processed1 or transferred by the covered entity or service provider relates2 and 7#e7 the cost of implementing such policies1 practices1 and procedures in relation to the risks and nature of the covered data4 7c7 ,commission guidance ,not later than #a year after the date of enactment of this ,act1 the ,commission shall issue guidance as to what constitutes reasonable policies1 practices1 and procedures as required by this section4 ,the ,commission shall consider unique circumstances applicable to nonprofit organizations and covered entities meeting the requirements of section #bji4 #ajd4 ,loyalty to individuals with respect to pricing 7a7 ,conditional service or pricing prohibited ,a covered entity shall not deny or condition or effectively condition the provision of a service or product to an individual based on the individual's agreement to waive 7or refusal to waive7 any requirements under this ,act or any regulations promulgated under this ,act or terminate a service or otherwise refuse to provide a service or product to an individual as a consequence of the individual's refusal to provide such a waiver4 7b7 ,rules of construction ,nothing in subsection 7a7 shall be construed to-- 7#a7 prohibit the relation of the price of a service or the level of service provided to an individual to the provision1 by the individual1 of financial information that is necessarily collected and processed only for the purpose of initiating1 rendering1 billing for1 or collecting payment for a service or product requested by the individual2 7#b7 prohibit a covered entity from offering a loyalty program that provides discounted or free products or services1 or other consideration1 in exchange for an individual's continued business with the covered entity1 provided that such program otherwise complies with the requirements of this ,act and any regulations promulgated under this ,act2 7#c7 require a covered entity to provide a loyalty program that would require the covered entity to collect1 process1 or transfer covered data that it otherwise would not2 7#d7 prohibit a covered entity from offering a financial incentive or other consideration to an individual for participation in market research2 or 7#e7 prohibit a covered entity from offering different types of pricing or functionalities with respect to a product or service based on an individual's exercise of a right in section #bjc7;a77#c74 ,,ii ,consumer data rights #bja4 ,consumer awareness 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall publish1 on the public website of the ,commission1 a web page that describes each provision1 right1 obligation1 and requirement of this ,act1 listed separately for individuals and for covered entities and service providers1 and the remedies1 exemptions1 and protections associated with this ,act in plain and concise language and in an easy-to-understand manner4 7b7 ,updates ,the ,commission shall update the information published under subsection 7a7 on a quarterly basis as necessitated by any change in law1 regulation1 guidance1 or judicial decisions4 7c7 ,accessibility ,the ,commission shall publish materials disclosed pursuant to subsection 7a7 in the ten languages with the most users in the ,united ,states1 according to the most recent ,u4,s4 ,census4 ,the ,commission shall ensure the website is readily accessible to and usable by individuals with disabilities4 #bjb4 ,transparency 7a7 ,in general ,each covered entity and service provider shall make publicly available1 in a clear1 conspicuous1 not misleading1 and readily accessible manner1 a privacy policy that provides a detailed and accurate representation of the entity's data collection1 processing1 and transfer activities4 7b7 ,content of privacy policy ,the privacy policy required under subsection 7a7 shall include1 at a minimum1 the following3 7#a7 ,the identity and the contact information of-- 7,a7 the covered entity or service provider 7including the covered entity's or service provider's points of contact1 generic electronic mail addresses1 and phone numbers of the covered entity1 as applicable for privacy and data security inquiries72 and 7,b7 any other entity within the same corporate structure as1 and under common branding with1 the covered entity or service provider to which covered data is transferred by the covered entity4 7#b7 ,the categories of covered data the covered entity or service provider collects or processes4 7#c7 ,the processing purposes for each category of covered data the covered entity or service provider collects or processes4 7#d7 ,whether the covered entity or service provider transfers covered data and1 if so1 each category of service provider and third party to which the covered entity or service provider transfers covered data1 the name of each third-party collecting entity to which the covered entity or service provider transfers covered data1 and the purposes for which such data is transferred to such categories of service providers and third parties or third-party collecting entities1 except for transfers to governmental entities pursuant to a court order or law that prohibits the covered entity from disclosing such transfer4 7#e7 ,the length of time the covered entity or service provider intends to retain each category of covered data1 including sensitive covered data1 or1 if it is not possible to identify that time frame1 the criteria used to determine the length of time the covered entity intends to retain categories of covered data4 7#f7 ,a prominent description of how an individual can exercise the rights described in this ,act4 7#g7 ,a general description of the covered entity's or service provider's data security practices4 7#h7 ,the effective date of the privacy policy4 7#i7 ,whether or not any covered data collected by the covered entity or service provider is transferred to1 processed in1 stored in or otherwise accessible to the ,people's ,republic of ,china1 ,russia1 ,iran1 or ,north ,korea4 7c7 ,languages ,the privacy policy required under subsection 7a7 shall be made available to the public in each language in which the covered entity or service provider-- 7#a7 provides a product or service that is subject to the privacy policy2 or 7#b7 carries out activities related to such product or service4 7d7 ,accessibility ,the covered entity or service provider shall also provide the disclosures under this section in a manner that is readily accessible to and usable by individuals with disabilities4 7e7 ,material changes 7#a7 ,affirmative express consent ,if a covered entity makes a material change to its privacy policy or practices1 the covered entity shall notify each individual affected by such material change before implementing the material change with respect to any previously collected covered data and1 except as provided in section #aja7;b71 provide a reasonable opportunity for each individual to withdraw consent to any further materially different collection1 processing1 or transferring of covered data under the changed policy4 7#b7 ,notification ,the covered entity shall take all reasonable measures to provide direct notification regarding material changes to the privacy policy to each affected individual1 in each language that the privacy policy is made available1 and taking into account available technology and the nature of the relationship4 7#c7 ,clarification ,nothing in this section shall be construed to affect the requirements for covered entities under section #ajb or #bjd4 7#d7 ,log of material changes ,each large data holder shall retain copies of previous versions of its privacy policy for at least #aj years and publish them on its website4 ,it shall make publicly available1 in a clear1 conspicuous1 and readily accessible manner1 a log describing the data and nature of each material change over the past #aj years4 ,the descriptions shall be sufficient for a reasonable individual to understand the material effect of each material change4 7f7 ,short-,form notice to consumers by large data holders 7#a7 ,in general ,in addition to the privacy policy required under subsection 7a71 a large data holder must provide a short-form notice of its covered data practices in a manner that is-- 7,a7 concise1 clear1 and conspicuous2 7,b7 readily accessible1 based on the way an individual interacts with the large data holder and its products or services and what is reasonably anticipated within the context of the relationship2 7,c7 inclusive of an overview of individual rights and disclosures to reasonably draw attention to data practices that may reasonably be unexpected or that involve sensitive covered data2 and 7,d7 no more than #ejj words in length4 7#b7 ,rulemaking ,the ,commission shall issue a rule pursuant to section #eec of title #e1 ,united ,states ,code1 establishing the minimum data disclosures necessary for the short-form notice which shall not exceed the content requirements in subsection 7b7 and shall include templates and_/or models of short-form notices4 #bjc4 ,individual data ownership and control 7a7 ,access to1 and correction1 deletion1 and portability of1 covered data ,subject to subsections 7b7 and 7c71 a covered entity shall provide an individual1 after receiving a verified request from the individual1 with the right to-- 7#a7 access-- 7,a7 the covered data1 except covered data in back-up or archival systems1 of the individual in a human-readable format that a reasonable individual can understand and download from the internet1 that is collected1 processed1 or transferred by the covered entity or any service provider of the covered entity within the #bd months preceding the request2 7,b7 the name of any third party and the categories of any service providers to whom the covered entity has transferred for consideration the covered data of the individual1 as well as the categories of sources from which the covered data was collected2 and 7,c7 a description of the purpose for which the covered entity transferred the covered data of the individual to a third party or service provider2 7#b7 correct any verifiably material inaccuracy or materially incomplete information with respect to the covered data of the individual that is processed by the covered entity and instruct the covered entity to notify any third party1 or service provider to which the covered entity transferred such covered data of the corrected information2 7#c7 delete covered data of the individual that is processed by the covered entity and instruct the covered entity to notify any third party1 or service provider to which the covered entity transferred such covered data of the individual's deletion request2 and 7#d7 to the extent technically feasible1 export covered data to the individual or directly to another entity1 except for derived data1 of the individual that is processed by the covered entity without licensing restrictions that limit such transfers1 in-- 7,a7 a human-readable format that a reasonable individual can understand and download from the internet2 and 7,b7 a portable1 structured1 interoperable1 and machine-readable format4 7b7 ,individual autonomy ,a covered entity shall not condition1 effectively condition1 attempt to condition1 or attempt to effectively condition the exercise of any individual rights under this section through-- 7#a7 through the use of any false1 fictitious1 fraudulent1 or materially misleading statement or representation2 or 7#b7 the design1 modification1 or manipulation of any user interface with the purpose or substantial effect of obscuring1 subverting1 or impairing a reasonable individual's autonomy1 decision making1 or choice to exercise any such rights4 7c7 ,timing 7#a7 ,subject to subsections 7d7 and 7e77#a7 each request shall be completed by any-- 7,a7 large data holder within #de days of verification of such request from an individual2 7,b7 covered entity that is not considered a large data holder or a covered entity described in section #bji within #fj days of verification of such request from an individual2 or 7,c7 covered entity as described in section #bji within #ij days of verification of such request from an individual4 7#b7 ,a response period set forth in this subsection may be extended once by #de additional days when reasonably necessary1 considering the complexity and number of the individual's requests1 so long as the covered entity informs the individual of any such extension within the initial #de-;day response period1 together with the reason for the extension4 7d7 ,frequency and cost of access ,a covered entity-- 7#a7 shall provide an individual with the opportunity to exercise each of the rights described in subsection 7a72 and 7#b7 with respect to-- 7,a7 the first #b times that an individual exercises any right described in subsection 7a7 in any #ab-month period1 shall allow the individual to exercise such right free of charge2 and 7,b7 any time beyond the initial #b times described in subparagraph 7,a71 may allow the individual to exercise such right for a reasonable fee for each request4 7e7 ,verification and exceptions 7#a7 ,required exceptions ,a covered entity shall not permit an individual to exercise a right described in subsection 7a71 in whole or in part1 if the covered entity-- 7,a7 cannot reasonably verify that the individual making the request to exercise the right is the individual whose covered data is the subject of the request or an individual authorized to make such a request on the individual's behalf2 7,b7 reasonably believes that the request is made to interfere with a contract between the covered entity and another individual2 7,c7 determines that the exercise of the right would require access to or correction of another individual's sensitive covered data2 or 7,d7 reasonably believes that the exercise of the right would require the covered entity to engage in an unfair or deceptive practice under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 7#b7 ,additional information ,if a covered entity cannot reasonably verify that a request to exercise a right described in subsection 7a7 is made by the individual whose covered data is the subject of the request 7or an individual authorized to make such a request on the individual's behalf71 the covered entity-- 7,a7 may request that the individual making the request to exercise the right provide any additional information necessary for the sole purpose of verifying the identity of the individual2 and 7,b7 shall not process or transfer such additional information for any other purpose4 7#c7 ,permissive exceptions 7,a7 ,in general ,a covered entity may decline to comply with a request to exercise a right described in subsection 7a71 in whole or in part1 that would-- 7i7 require the covered entity to retain any covered data collected for a single1 one-time transaction1 if such covered data is not processed or transferred by the covered entity for any purpose other than completing such transaction2 7ii7 be impossible or demonstrably impracticable to comply with1 and the covered entity shall provide a description to the requestor detailing the inability to comply with the request2 7iii7 require the covered entity to attempt to re-identify de-identified data2 7iv7 result in the release of trade secrets1 or other privileged1 or confidential business information2 7v7 require the covered entity to correct any covered data that cannot be reasonably verified as being inaccurate or incomplete2 7vi7 interfere with law enforcement1 judicial proceedings1 investigations1 or reasonable efforts to guard against1 detect1 or investigate malicious or unlawful activity1 or enforce valid contracts2 7vii7 violate ,federal or ,state law or the rights and freedoms of another individual1 including under the ,constitution of the ,united ,states2 7viii7 prevent a covered entity from being able to maintain a confidential record of deletion requests1 maintained solely for the purpose of preventing covered data of an individual who has submitted a deletion request and requests that the covered entity no longer collect1 process1 or transfer such data2 7ix7 fall within an exception enumerated in the regulations promulgated by the ,commission pursuant to paragraph 7,d72 or 7x7 with respect to requests for deletion-- 7,i7 unreasonably interfere with the provision of products or services by the covered entity to another person it currently serves2 7,,ii7 delete covered data that relates to a public figure and for which the requesting individual has no reasonable expectation of privacy2 7,,iii7 delete covered data reasonably necessary to perform a contract between the covered entity and the individual2 7,,iv7 delete covered data that the covered entity needs to retain in order to comply with professional ethical obligations2 or 7,v7 delete covered data that the covered entity reasonably believes may be evidence of unlawful activity or an abuse of the covered entity's products or services4 7,b7 ,partial compliance ,in a circumstance that would allow a denial pursuant to paragraph 7,a71 a covered entity shall partially comply with the remainder of the request if it is possible and not unduly burdensome to do so4 7,c7 ,number of requests ,for purposes of this paragraph1 the receipt of a large number of verified requests1 on its own1 shall not be considered to render compliance with a request demonstrably impossible4 7,d7 ,further exceptions ,the ,commission may1 by regulation as described in subsection 7f71 establish additional permissive exceptions necessary to protect the rights of individuals1 alleviate undue burdens on covered entities1 prevent unjust or unreasonable outcomes from the exercise of access1 correction1 deletion1 or portability rights1 or as otherwise necessary to fulfill the purposes of this section4 ,in creating such exceptions1 the ,commission should consider any relevant changes in technology1 means for protecting privacy and other rights1 and beneficial uses of covered data by covered entities4 7f7 ,regulations ,within two years of the date of enactment of this ,act1 the ,commission may promulgate regulations1 pursuant to section #eec of title #e1 ,united ,states ,code 7#e ,u4,s4,c4 #eec71 as necessary to establish processes by which covered entities are to comply with the provisions of this section4 ,such regulations shall take into consideration-- 7#a7 the size of1 and the nature1 scope1 and complexity of the activities engaged in by the covered entity1 including whether the covered entity is a large data holder1 nonprofit organization1 covered entities meeting the requirements of section #bji1 service provider1 third party1 or third-party collecting entity2 7#b7 the sensitivity of covered data collected1 processed1 or transferred by the covered entity2 7#c7 the volume of covered data collected1 processed1 or transferred by the covered entity2 and 7#d7 the number of individuals and devices to which the covered data collected1 processed1 or transferred by the covered entity relates4 7g7 ,accessibility ,a covered entity shall facilitate the ability for individuals to make requests under this section in any of the ten languages with the most users in the ,united ,states1 according to the most recent ,u4,s4 ,census1 if the covered entity provides service in such language4 ,the mechanisms by which a covered entity enables individuals to make requests under this section shall be readily accessible and usable by with disabilities4 #bjd4 ,right to consent and object 7a7 ,withdrawal of consent ,a covered entity shall provide an individual with a clear and conspicuous1 easy-to-execute means to withdraw any affirmative express consent previously provided by the individual that is as easy to execute by a reasonable individual as the means to provide consent1 with respect to the processing or transfer of the covered data of the individual4 7b7 ,right ,to opt ,out of covered data transfers 7#a7 ,in general ,a covered entity-- 7,a7 shall not transfer the covered data of an individual to a third party if the individual objects to the transfer2 and 7,b7 shall allow an individual to object to such transfer through an opt-out mechanism1 as described in section #baj1 if applicable4 7#b7 ,exception ,an individual may not opt out of the collection1 processing1 and transfer of covered data made pursuant to the exceptions in sections #aja7;b77#a7 through 7#aa7 of this ,act4 7c7 ,right ,to opt ,out of targeted advertising ,a covered entity that engages in targeted advertising shall-- 7#a7 prior to engaging in such targeted advertising and at all times thereafter1 provide an individual with a clear and conspicuous means to opt out of targeted advertising2 7#b7 abide by such opt-out designations by an individual2 and 7#c7 allow an individual to prohibit such targeted advertising through an opt-out mechanism1 as described in section #baj1 if applicable4 7d7 ,individual autonomy ,a covered entity shall not condition1 effectively condition1 attempt to condition1 or attempt to effectively condition the exercise of any individual rights under this section through-- 7#a7 through the use of any false1 fictitious1 fraudulent1 or materially misleading statement or representation2 or 7#b7 the design1 modification1 or manipulation of any user interface with the purpose or substantial effect of obscuring1 subverting1 or impairing a reasonable individual's autonomy1 decision making1 or choice to exercise any such rights4 #bje4 ,data protections for children and minors 7a7 ,prohibition on targeted advertising to children and minors ,a covered entity shall not engage in targeted advertising to any individual under the age of #ag if the covered entity knows that the individual is under the age of #ag4 7b7 ,data transfer requirements related to minors ,a covered entity shall not transfer the covered data of an individual to a third party without affirmative express consent from the individual or the individual's parent or guardian if the covered entity knows that the individual under the age of #ag4 7c7 ,knowledge ,the knowledge requirement in subsections 7a7 and 7b71 shall not be construed to require the affirmative collection or processing of any data with respect to the age of an individual or a proxy thereof1 or to require that a covered entity implement an age gating regime4 ,rather1 the determination of whether an individual is under #ag shall be based on the covered data collected directly from an individual or a proxy thereof that the covered entity would otherwise collect in the normal course of business4 7d7 ,youth privacy and marketing division 7#a7 ,establishment ,there is established within the ,commission a division to be known as the ,youth ,privacy and ,marketing ,division 7in this section referred to as the ,division74 7#b7 ,director ,the ,division shall be headed by a ,director1 who shall be appointed by the ,chair of the ,commission4 7#c7 ,duties ,the ,division shall be responsible for assisting the ,commission in addressing1 as it relates to this ,act-- 7,a7 the privacy of children and minors2 and 7,b7 marketing directed at children and minors4 7#d7 ,staff ,the ,director of the ,division shall hire adequate staff to carry out the duties described in paragraph 7#c71 including by hiring individuals who are experts in data protection1 digital advertising1 data analytics1 and youth development4 7#e7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes-- 7,a7 a description of the work of the ,division regarding emerging concerns relating to youth privacy and marketing practices2 and 7,b7 an assessment of how effectively the ,division has1 during the period for which the report is submitted1 assisting the ,commission to address youth privacy and marketing practices4 7#f7 ,publication ,not later than #aj days after the date on which a report is submitted under paragraph 7#e71 the ,commission shall publish the report on its website4 7e7 ,report by the inspector general 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,inspector ,general of the ,commission shall submit to the ,commission and to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report regarding the safe harbor provisions in section #acjg of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejc71 which shall include-- 7,a7 an analysis of whether the safe harbor provisions are-- 7i7 operating fairly and effectively2 and 7ii7 effectively protecting the interests of children and minors2 and 7,b7 any proposal or recommendation for policy changes that would improve the effectiveness of the safe harbor provisions4 7#b7 ,publication ,not later than #aj days after the date on which a report is submitted under paragraph 7#a71 the ,commission shall publish the report on the website of the ,commission4 #bjf4 ,third-party collecting entities 7a7 ,notice ,each third-party collecting entity shall place a clear and conspicuous notice on the website or mobile application of the third-party collecting entity 7if the third-party collecting entity maintains such a website or mobile application7 that-- 7#a7 notifies individuals that the entity is a third-party collecting entity using specific language that the ,commission shall develop through rulemaking under section #eec of title #e1 ,united ,states ,code2 and 7#b7 includes a link to the website established under subsection 7b77#c74 7b7 ,third-,party collecting entity registration 7#a7 ,in general ,not later than ,january #ca of each calendar year that follows a calendar year during which a covered entity acted as a third-party collecting entity and processed covered data pertaining to more than #e1jjj individuals or devices that identify or are linked or reasonably linkable to an individual1 such covered entity shall register with the ,commission in accordance with this subsection4 7#b7 ,registration requirements ,in registering with the ,commission as required under paragraph 7#a71 a third-party collecting entity shall do the following3 7,a7 ,pay to the ,commission a registration fee of #ajj4 7,b7 ,provide the ,commission with the following information3 7i7 ,the legal name and primary physical1 email1 and internet addresses of the third-party collecting entity4 7ii7 ,a description of the categories of data the third-party collecting entity processes and transfers4 7iii7 ,the contact information of the third-party collecting entity1 including a contact person1 telephone number1 an e-mail address1 a website1 and a physical mailing address4 7iv7 ,link to a website through which an individual may easily exercise the rights provided under this subsection4 7#c7 ,third-party collecting entity registry ,the ,commission shall establish and maintain on a website a searchable1 publicly available1 central registry of third-party collecting entities that are registered with the ,commission under this subsection that includes the following3 7,a7 ,a listing of all registered third-party collecting entities and a search feature that allows members of the public to identify individual third-party collecting entities4 7,b7 ,for each registered third-party collecting entity1 the information described in paragraph 7#b74 7,c7 ,a ,do ,not ,collect registry link and mechanism by which an individual may1 after the ,commission has verified the identity of the individual or individual's parent or guardian1 which may include tokenization1 easily submit a request to all registered third-party collecting entities that are not consumer reporting agencies1 and to the extent they are not acting as consumer reporting agencies1 as defined in section #fjc7;f7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;a7f77 to-- 7i7 delete all covered data related to such individual that the third-party collecting entity did not collect from the individual directly or when acting as a service provider2 and 7ii7 ensure that any third-party collecting entity no longer collects covered data related to such individual without the affirmative express consent of such individual1 except insofar as such covered entity is acting as a service provider4 ,each third-party collecting entity that receives such a request from an individual shall delete all the covered data of the individual not later than #cj days after the request is received by the third-party collecting entity4 7c7 ,penalties ,a third-party collecting entity that fails to register or provide the notice as required under this section shall be liable for-- 7#a7 a civil penalty of #ej for each day it fails to register or provide notice as required under this subsection1 not to exceed a total of #aj1jjj for any year2 and 7#b7 an amount equal to the registration fees due under paragraph 7#b7 of subsection 7b7 for each year that it failed to register as required under paragraph 7#a7 of such subsection4 #bjg4 ,civil rights and algorithms 7a7 ,civil rights protections 7#a7 ,in general ,a covered entity or a service provider may not collect1 process1 or transfer covered data in a manner that discriminates in or otherwise makes unavailable the equal enjoyment of goods or services on the basis of race1 color1 religion1 national origin1 sex1 or disability4 7#b7 ,exceptions ,this subsection shall not apply to-- 7,a7 the collection1 processing1 or transfer of covered data for the purpose of-- 7i7 a covered entity's or a service provider's self-testing to prevent or mitigate unlawful discrimination2 or 7ii7 diversifying an applicant1 participant1 or customer pool2 or 7,b7 any private club or group not open to the public1 as described in section #bja7;e7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7e774 7b7 ,,ftc enforcement assistance 7#a7 ,in general ,whenever the ,commission obtains information that a covered entity or service provider may have collected1 processed1 or transferred covered data in violation of subsection 7a71 the ,commission shall transmit such information as allowable under ,federal law to any ,executive agency with authority to initiate enforcement actions or proceedings relating to such violation4 7#b7 ,annual report ,not later than #c years after the date of enactment of this ,act1 and annually thereafter1 the ,commission shall submit to ,congress a report that includes a summary of-- 7,a7 the types of information the ,commission transmitted to ,federal agencies under paragraph 7#a7 during the previous #a-year period2 and 7,b7 how such information relates to ,federal civil rights laws4 7#c7 ,technical assistance ,in transmitting information under paragraph 7#a71 the ,commission may consult and coordinate with1 and provide technical and investigative assistance1 as appropriate1 to such ,executive agency4 7#d7 ,cooperation with other agencies ,the ,commission may implement this subsection by executing agreements or memoranda of understanding with the appropriate ,federal agencies4 7c7 ,algorithm impact and evaluation 7#a7 ,algorithm impact assessment 7,a7 ,impact assessment ,notwithstanding any other provision of law1 not later than #b years after the date of enactment of this ,act1 and annually thereafter1 a large data holder that uses an algorithm that may cause potential harm to an individual1 and uses such algorithm solely or in part1 to collect1 process1 or transfer covered data must conduct an impact assessment of such algorithm in accordance with subparagraph 7,b74 7,b7 ,impact assessment scope ,the impact assessment required under subparagraph 7,a7 shall provide the following3 7i7 ,a detailed description of the design process and methodologies of the algorithm4 7ii7 ,a statement of the purpose1 proposed uses1 and foreseeable capabilities outside of the articulated proposed use of the algorithm4 7iii7 ,a detailed description of the data used by the algorithm1 including the specific categories of data that will be processed as input and any data used to train the model that the algorithm relies on4 7iv7 ,a description of the outputs produced by the algorithm4 7v7 ,an assessment of the necessity and proportionality of the algorithm in relation to its stated purpose1 including reasons for the superiority of the algorithm over nonautomated decision-making methods4 7vi7 ,a detailed description of steps the large data holder has taken or will take to mitigate potential harms to individuals1 including potential harms related to-- 7,i7 any individual under the age of #ag2 7,,ii7 making or facilitating advertising for1 or determining access to1 or restrictions on the use of housing1 education1 employment1 healthcare1 insurance1 or credit opportunities2 7,,iii7 determining access to1 or restrictions on the use of1 any place of public accommodation1 particularly as such harms relate to the protected characteristics of individuals1 including race1 color1 religion1 national origin1 sex1 or disability2 or 7,,iv7 disparate impact on the basis of individuals' race1 color1 religion1 national origin1 sex1 or disability status4 7#b7 ,algorithm design evaluation ,notwithstanding any other provision of law1 not later than #b years after the date of enactment of this ,act1 a covered entity or service provider that knowingly develops an algorithm1 solely or in part1 to collect1 process1 or transfer covered data or publicly available information shall prior to deploying the algorithm in interstate commerce evaluate the design1 structure1 and inputs of the algorithm1 including any training data used to develop the algorithm1 to reduce the risk of the potential harms identified under paragraph 7#a77;,b74 7#c7 ,other considerations 7,a7 ,focus ,in complying with paragraph 7#a7 or 7#b71 a covered entity and a service provider may focus the impact assessment or evaluation on any algorithm1 or portions of an algorithm1 that may reasonably contribute to the risk of the potential harms identified under paragraph 7#a77;,b74 7,b7 ,external1 independent auditor or researcher ,to the extent possible1 a covered entity and a service provider shall utilize an external1 independent auditor or researcher to conduct an impact assessment under paragraph 7#a7 or an evaluation under paragraph 7#b74 7,c7 ,availability 7i7 ,in general ,a covered entity and a service provider-- 7,i7 shall1 not later than #cj days after completing an impact assessment or evaluation1 submit the impact assessment and evaluation conducted under paragraphs 7#a7 and 7#b7 to the ,commission2 7,,ii7 shall1 upon request1 make such impact assessment and evaluation available to ,congress2 and 7,,iii7 may make a summary of such impact assessment and evaluation publicly available in a place that is easily accessible to individuals4 7ii7 ,trade secrets ,covered entities and service providers must make all submissions under this section to the ,commission in unredacted form1 but a covered entity and a service provider may redact and segregate any trade secrets 7as defined in section #ahci of title #ah1 ,united ,states ,code7 from public disclosure under this subparagraph4 7,d7 ,enforcement ,the ,commission may not use any information obtained solely and exclusively through a covered entity or a service provider's disclosure of information to the ,commission in compliance with this section for any purpose other than enforcing this ,act1 including the study and report provisions in paragraph #f of this section4 ,this provision shall not preclude the ,commission from providing this information to ,congress in response to a subpoena or official ,congressional request4 7#d7 ,guidance ,not later than #b years after the date of enactment of this ,act1 the ,commission shall1 in consultation with the ,secretary of ,commerce1 or their respective designees1 publish guidance regarding compliance with this section4 7#e7 ,rulemaking and exemption ,the ,commission shall have authority under section #eec of title #e1 ,united ,states ,code1 to promulgate regulations as necessary to establish processes by which a large data holder-- 7,a7 shall submit an impact assessment to the ,commission under paragraph 7#c77;,c77i77,i72 and 7,b7 may exclude from this subsection any algorithm that presents low or minimal risk for potential for harms to individuals 7as identified under paragraph 7#a77;,b774 7#f7 ,study and report 7,a7 ,study ,the ,commission1 in consultation with the ,secretary of ,commerce or the ,secretary's designee1 shall conduct a study1 to review any impact assessment or evaluation submitted under this paragraph4 ,such study shall include an examination of-- 7i7 best practices for the assessment and evaluation of algorithms2 and 7ii7 methods to reduce the risk of harm to individuals that may be related to the use of algorithms4 7,b7 ,report 7i7 ,initial report ,not later than #c years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,secretary of ,commerce or the ,secretary's designee1 shall submit to ,congress a report containing the results of the study conducted under subsection 7a71 together with recommendations for such legislation and administrative action as the ,commission determines appropriate4 7ii7 ,additional reports ,not later than #c years after submission of the initial report under clause 7i71 and as the ,commission determines necessary thereafter1 the ,commission shall submit to ,congress an updated version of such report4 #bjh4 ,data security and protection of covered data 7a7 ,establishment of data security practices 7#a7 ,in general ,a covered entity or service provider shall establish1 implement1 and maintain reasonable administrative1 technical1 and physical data security practices and procedures to protect and secure covered data against unauthorized access and acquisition4 7#b7 ,considerations ,the reasonable administrative1 technical1 and physical data security practices required under paragraph 7#a7 shall be appropriate to-- 7,a7 the size and complexity of the covered entity or service provider2 7,b7 the nature and scope of the covered entity or the service provider's collecting1 processing1 or transferring of covered data2 7,c7 the volume and nature of the covered data collected1 processed1 or transferred by the covered entity or service provider2 7,d7 the sensitivity of the covered data collected1 processed1 or transferred2 7,e7 the current state of the art in administrative1 technical1 and physical safeguards for protecting such covered data2 and 7,f7 the cost of available tools to improve security and reduce vulnerabilities to unauthorized access and acquisition of such covered data in relation to the risks and nature of the covered data4 7b7 ,specific requirements ,the data security practices required under subsection 7a7 shall include1 at a minimum1 the following practices3 7#a7 ,assess vulnerabilities ,identifying and assessing any material internal and external risk to1 and vulnerability in1 the security of each system maintained by the covered entity that collects1 processes1 or transfers covered data1 or service provider that collects1 processes1 or transfers covered data on behalf of the covered entity1 including unauthorized access to or risks to such covered data1 human vulnerabilities1 access rights1 and the use of service providers4 ,with respect to large data holders1 such activities shall include a plan to receive and respond to unsolicited reports of vulnerabilities by any entity or individual4 7#b7 ,preventive and corrective action ,taking preventive and corrective action designed to mitigate any reasonably foreseeable risks or vulnerabilities to covered data identified by the covered entity or service provider1 consistent with the nature of such risk or vulnerability1 which may include implementing administrative1 technical1 or physical safeguards or changes to data security practices or the architecture1 installation1 or implementation of network or operating software1 among other actions4 7#c7 ,evaluation of preventive and corrective action ,evaluating and making reasonable adjustments to the safeguards described in paragraph 7#b7 in light of any material changes in technology1 internal or external threats to covered data1 and the covered entity or service provider's own changing business arrangements or operations4 7#d7 ,information retention and disposal ,disposing of covered data that is required to be deleted by law or is no longer necessary for the purpose for which the data was collected1 processed1 or transferred1 unless an individual has provided affirmative express consent to such retention4 ,such disposal shall include destroying1 permanently erasing1 or otherwise modifying the covered data to make such data permanently unreadable or indecipherable and unrecoverable to ensure ongoing compliance with this section4 7#e7 ,training ,training each employee with access to covered data on how to safeguard covered data and updating such training as necessary4 7#f7 ,designation ,designating an officer1 employee1 or employees to maintain and implement such practices4 7#g7 ,incident response ,implementing procedures to detect1 respond to1 or recover from security incidents or breaches4 7c7 ,regulations ,the ,commission may promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 technology-neutral regulations to establish processes for complying with this section4 7d7 ,applicability of other information security laws ,a covered entity that is required to comply with title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq47 or the ,health ,information ,technology for ,economic and ,clinical ,health ,act 7#db ,u4,s4,c4 #agica et seq471 and is in compliance with the information security requirements of such ,act as determined by the enforcement authority in such ,act1 shall be deemed to be in compliance with the requirements of this section with respect to any data covered by such information security requirements4 #bji4 ,small business protections 7a7 ,in general 7#a7 ,any covered entity or service provider that can establish that it met the requirements described in paragraph 7#b7 for the period of the #c preceding calendar years 7or for the period during which the covered entity has been in existence if such period is less than #c years7 shall-- 7,a7 be exempt from compliance with sections #bjc7;a77#d71 #bjh7;b77#a7-7c71 7#e7-7g71 and #cja7;c72 and 7,b7 at the covered entity's sole discretion1 have the option of complying with section #bjc7;a77#b7 by1 after receiving a verified request from an individual to correct covered data of the individual under such section1 deleting such covered data in its entirety instead of making the requested correction4 7#b7 ,exemption requirements ,the requirements of this paragraph are1 with respect to a covered entity or a service provider and a period1 the following3 7,a7 ,the covered entity or service provider's average annual gross revenues during the period did not exceed #da1jjj1jjj4 7,b7 ,the covered entity or service provider1 on average1 did not annually collect or process the covered data of more than #bjj1jjj individuals during the period beyond the purpose of initiating1 rendering1 billing for1 finalizing1 completing1 or otherwise collecting payment for a requested service or product1 so long as all covered data for such purpose is deleted or de-identified within #ij days4 7,c7 ,the covered entity or service provider did not derive more than #ej percent of its revenue from transferring covered data during any year 7or part of a year if the covered entity has been in existence for less than #a year7 that occurs during the period4 7#c7 ,definition ,for purposes of this section1 the term revenue as it relates to any covered entity that is not organized to carry on business for its own profit or that of their members1 means the gross receipts the covered entity received in whatever form from all sources without subtracting any costs or expenses1 and includes contributions1 gifts1 grants1 dues or other assessments1 income from investments1 or proceeds from the sale of real or personal property4 7#d7 ,journalism ,nothing in this ,act shall be construed to limit or diminish ,first ,amendment freedoms to gather and publish information guaranteed under the ,constitution4 #baj4 ,unified opt-out mechanisms ,for the rights established under sections #bjd7;b7 and 7c71 and section #bjf7;c77#c77;,d7 not later than #ah months after the date of enactment of this ,act1 the ,commission shall establish one or more acceptable privacy protective1 centralized mechanisms1 including global privacy signals such as browser or device privacy settings1 for individuals to exercise all such rights through a single interface for a covered entity to utilize to allow an individual to make such opt out designations with respect to covered data related to such individual4 ,,iii ,corporate accountability #cja4 ,executive responsibility 7a7 ,in general ,beginning #a year after the date of enactment of this ,act1 an executive officer of a large data holder shall annually certify1 in good faith1 to the ,commission1 in a manner specified by the ,commission by regulation under section #eec of title #e1 ,united ,states ,code1 that the entity maintains-- 7#a7 internal controls reasonably designed to comply with this ,act2 and 7#b7 reporting structures to ensure that such certifying officers are involved in1 and are responsible for1 decisions that impact the entity's compliance with this ,act4 7b7 ,requirements ,a certification submitted under subsection 7a7 shall be based on a review of the effectiveness of a large data holder's internal controls and reporting structures that is conducted by the certifying officers not more than #ij days before the submission of the certification4 7c7 ,designation of privacy and data security officer 7#a7 ,in general ,a covered entity and a service provider shall designate-- 7,a7 #a or more qualified employees as privacy officers2 and 7,b7 #a or more qualified employees 7in addition to any employee designated under subparagraph 7,a77 as data security officers4 7#b7 ,requirements for officers ,an employee who is designated by a covered entity or a service provider as a privacy officer or a data security officer shall1 at a minimum-- 7,a7 implement a data privacy program and data security program to safeguard the privacy and security of covered data in compliance with the requirements of this ,act2 and 7,b7 facilitate the covered entity or service provider's ongoing compliance with this ,act4 7#c7 ,additional requirements for large data holders ,a large data holder shall designate at least #a of the officers described in paragraph 7#a7 of this subsection to report directly to the highest official at the large data holder as a privacy protection officer who shall1 in addition to the requirements in paragraph 7#b71 either directly or through a supervised designee or designees-- 7,a7 establish processes to periodically review and update the privacy and security policies1 practices1 and procedures of the large data holder1 as necessary2 7,b7 conduct biennial and comprehensive audits to ensure the policies1 practices1 and procedures of the large data holder work to ensure the company is in compliance with all applicable laws and ensure such audits are accessible to the ,commission upon such request2 7,c7 develop a program to educate and train employees about compliance requirements2 7,d7 maintain updated1 accurate1 clear1 and understandable records of all privacy and data security practices undertaken by the large data holder2 and 7,e7 serve as the point of contact between the large data holder and enforcement authorities4 7d7 ,large data holder privacy impact assessments 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act or #a year after the date that a covered entity or service provider first meets the definition of large data holder1 whichever is earlier1 and biennially thereafter1 each large data holder shall conduct a privacy impact assessment that weighs the benefits of the large data holder's covered data collecting1 processing1 and transfer practices against the potential adverse consequences of such practices to individual privacy4 7#b7 ,assessment requirements ,a privacy impact assessment required under paragraph 7#a7 shall be-- 7,a7 reasonable and appropriate in scope given-- 7i7 the nature of the covered data collected1 processed1 and transferred by the large data holder2 7ii7 the volume of the covered data collected1 processed1 and transferred by the large data holder2 and 7iii7 the potential risks posed to the privacy of individuals by the collecting1 processing1 and transfer of covered data by the large data holder2 7,b7 documented in written form and maintained by the large data holder unless rendered out of date by a subsequent assessment conducted under paragraph 7#a72 and 7,c7 approved by the privacy protection officer designated in subsection 7c77#c7 of the large data holder4 7#c7 ,additional factors to include in assessment ,in assessing the privacy risks1 including substantial privacy risks1 the large data holder may include reviews of the means by which technologies1 including blockchain and distributed ledger technologies and other emerging technologies1 are used to secure covered data4 #cjb4 ,service providers and third parties 7a7 ,service providers ,a service provider-- 7#a7 shall only collect1 process1 and transfer service provider data to the extent strictly necessary and proportionate to provide a service requested by the covered entity4 ,this paragraph shall not require a service provider to collect or process covered data if the service provider would not otherwise do so2 7#b7 shall not collect1 process1 or transfer service provider data if the service provider has actual knowledge that the covered entity violated this ,act with respect to such data2 7#c7 shall assist a covered entity in fulfilling the covered entity's obligation to respond to individual rights requests pursuant to section #bjc1 by appropriate technical and organizational measures1 taking into account the nature of the processing and the information reasonably available to the service provider2 7#d7 may engage another service provider for purposes of processing service provider data on behalf of a covered entity only after providing the covered entity that is directing the services or functions of the service provider with respect to such service provider data with notice1 and pursuant to a written contract that requires such other service provider to satisfy the obligations of the service provider with respect to such service provider data2 7#e7 shall upon the reasonable request of the covered entity1 make available to the covered entity information necessary to demonstrate the service provider's compliance with the obligations in this ,act1 which may include making available a report of an independent assessment arranged by the service provider on terms agreed to by the parties and making the report required under section #bjg7;c77#b7 as applicable2 7#f7 shall1 at the covered entity's direction1 delete or return all covered data to the covered entity as requested at the end of the provision of services1 unless retention of the covered data is required by law2 7#g7 shall not transfer service provider data to any person with the exception of another service provider without the affirmative express consent1 obtained by the covered entity with the direct relationship to the individual that is directing the services or functions of the service provider with respect to the service provider data1 of the individual to whom the service provider data is linked or reasonably linkable2 7#h7 shall develop1 implement1 and maintain reasonable administrative1 technical1 and physical safeguards that are designed to protect the security and confidentiality of covered data it processes consistent with section #bjh2 and 7#i7 shall be exempt from the requirements of section #bjb7;d7 with respect to service provider data but shall provide direct notification regarding material changes to its privacy policy to each covered entity with which it provides services or functions as a service provider1 in each language that the privacy policy is made available4 ,compliance with this provision does not alleviate any obligations the service provider has to the covered entity to which it provides services or functions as a service provider4 7b7 ,contracts between covered entities and service providers ,a person or entity may act as a service provider pursuant to a written contract between the covered entity and the service provider1 or a written contract between one service provider and a second service provider as permitted in section #cjb7;a77#d71 provided that the contract-- 7#a7 governs the service provider's data processing procedures with respect to processing or transfer performed on behalf of the covered entity or service provider2 7#b7 clearly sets forth-- 7,a7 instructions for processing data2 7,b7 the nature and purpose of processing2 7,c7 the type of data subject to processing2 7,d7 the duration of processing2 and 7,e7 the rights and obligations of both parties2 7#c7 does not relieve a covered entity or a service provider of an obligation under this ,act2 and 7#d7 prohibits-- 7,a7 collecting1 processing1 or transferring covered data in contravention to subsection 7a72 and 7,b7 combining service provider data with covered data which the service provider receives from or on behalf of another person or persons or collects from its own interaction with an individual4 ,the contract may1 subject to agreement with the service provider1 permit a covered entity to monitor the service provider's compliance with the contract through measures including1 but not limited to1 ongoing manual reviews and automated scans1 and regular assessments1 audits1 or other technical and operational testing at least once every #ab months4 7c7 ,relationship between covered entities and service providers 7#a7 ,determining whether a person is acting as a covered entity or service provider with respect to a specific processing of data is a fact-based determination that depends upon the context in which such data is processed4 7#b7 ,a covered entity or service provider that transfers covered data to a service provider1 in compliance with the requirements of this ,act1 is not liable for a violation of this ,act by the service provider to whom such covered data was transferred1 this ,act provided that1 at the time of transferring such covered data1 the covered entity or service provider did not know or have reason to know that the service provider would likely commit a violation of this ,act4 7#c7 ,a covered entity or service provider that receives covered data in compliance with the requirements of this ,act is not in violation of this ,act as a result of a violation by a covered entity or service provider from which it receives such covered data4 7d7 ,third parties ,a third party-- 7#a7 shall not process third-party data for a processing purpose other than1 in the case of sensitive covered data1 the processing purpose for which the individual gave affirmative express consent and1 in the case of non-sensitive data1 the processing purpose for which the covered entity made a disclosure pursuant to section #bjd7;b77#d72 7#b7 for purposes of paragraph 7#a71 may reasonably rely on representations made by the covered entity that transferred the third-party data1 provided that the third party conducts reasonable due diligence on the representations of the covered entity and finds those representations to be credible2 and 7#c7 shall be exempt from the requirements of section #bjd with respect to third-party data1 but shall otherwise have the same responsibilities and obligations as a covered entity with respect to such data under all other provisions of this ,act4 7e7 ,additional obligations on covered entities 7#a7 ,in general ,a covered entity or service provider shall exercise reasonable due diligence in-- 7,a7 selecting a service provider2 and 7,b7 deciding to transfer covered data to a third party4 7#b7 ,guidance ,not later than #b years after the date of enactment of this ,act1 the ,commission shall publish guidance regarding compliance with this subsection1 taking into consideration the burdens on small- and medium-sized covered entities4 #cjc4 ,technical compliance programs 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to establish a process for the proposal and approval of technical compliance programs under this section specific to any technology1 product1 service1 or method used by a covered entity to collect1 process1 or transfer covered data4 7b7 ,scope of programs ,the technical compliance programs established under this section shall1 with respect to a technology1 product1 service1 or method used by a covered entity to collect1 process1 or transfer covered data-- 7#a7 establish guidelines for compliance with this ,act2 7#b7 meet or exceed the requirements of this ,act2 and 7#c7 be made publicly available to any individual whose covered data is collected1 processed1 or transferred using such technology1 product1 service1 or method4 7c7 ,approval process 7#a7 ,in general ,any request for approval1 amendment1 or repeal of a technical compliance program may be submitted to the ,commission by any person1 including a covered entity1 a representative of a covered entity1 an association of covered entities1 or a public interest group or organization4 ,within #ij days1 the ,commission shall publish the request and provide an opportunity for public comment on the proposal4 7#b7 ,expedited response to requests ,beginning #a year after the date of enactment of this ,act1 the ,commission shall act upon a request for the proposal and approval of a technical compliance program not later than #ahj days after the filing of the request1 and shall set forth publicly in writing its conclusions with regard to such request4 7d7 ,right ,to appeal ,final action by the ,commission on a request for approval1 amendment1 or repeal of a technical compliance program1 or the failure to act within the #ahj day period after a request for approval1 amendment1 or repeal of a technical compliance program is made under subsection 7c71 may be appealed to a ,federal district court of the ,united ,states of appropriate jurisdiction as provided for in section #gjb of title #e1 ,united ,states ,code4 7e7 ,effect on enforcement 7#a7 ,in general ,prior to commencing an investigation or enforcement action against any covered entity under this ,act1 the ,commission and ,state attorney general shall consider the covered entity's history of compliance with any technical compliance program approved under this section and any action taken by the covered entity to remedy noncompliance with such program4 ,if such enforcement action described in ,sec4 #djc is commenced1 the covered entity's history of compliance with any technical compliance program approved under this section and any action taken by the covered entity to remedy noncompliance with such program shall be taken into consideration when determining liability or a penalty4 ,the covered entity's history of compliance with any technical compliance program shall not affect any burden of proof or the weight given to evidence in an enforcement or judicial proceeding4 7#b7 ,commission authority ,approval of a technical compliance program shall not limit the authority of the ,commission1 including the ,commission's authority to commence an investigation or enforcement action against any covered entity under this ,act or any other ,act4 7#c7 ,rule of construction ,nothing in this subsection shall provide any individual1 class of individuals1 or person with any right to seek discovery of any non-public ,commission deliberations or activities or impose any pleading requirement on the ,commission should it bring an enforcement action of any kind4 #cjd4 ,commission approved compliance guidelines 7a7 ,application for compliance guideline approval 7#a7 ,in general ,a covered entity that is not a third-party collecting entity and meets the requirements of section #bji1 or a group of such covered entities1 may apply to the ,commission for approval of #a or more sets of compliance guidelines governing the collection1 processing1 and transfer of covered data by the covered entity or group of covered entities4 7#b7 ,application requirements ,such application shall include-- 7,a7 a description of how the proposed guidelines will meet or exceed the requirements of this ,act2 7,b7 a description of the entities or activities the proposed set of compliance guidelines is designed to cover2 7,c7 a list of the covered entities that meet the requirements of section #bji and are not third-party collecting entities1 if any are known at the time of application1 that intend to adhere to the compliance guidelines2 and 7,d7 a description of how such covered entities will be independently assessed for adherence to such compliance guidelines1 including the independent organization not associated with any of the covered entities that may participate in guidelines that will administer such guidelines4 7#c7 ,commission review 7,a7 ,initial approval 7i7 ,public comment period ,within #ij days after the receipt of proposed guidelines submitted pursuant to paragraph 7#b71 the ,commission shall publish the proposal and provide an opportunity for public comment on such compliance guidelines4 7ii7 ,approval ,the ,commission shall approve an application regarding proposed guidelines under paragraph 7#b7 if the applicant demonstrates that the compliance guidelines-- 7,i7 meet or exceed requirements of this ,act2 7,,ii7 provide for the regular review and validation by an independent organization not associated with any of the covered entities that may participate in the guidelines and that is approved by the ,commission to conduct such reviews of the compliance guidelines of the covered entity or entities to ensure that the covered entity or entities continue to meet or exceed the requirements of this ,act2 and 7,,iii7 include a means of enforcement if a covered entity does not meet or exceed the requirements in the guidelines1 which may include referral to the ,commission for enforcement consistent with section #dja or referral to the appropriate ,state attorney general for enforcement consistent with section #djb4 7iii7 ,timeline ,within #a year of receiving an application regarding proposed guidelines under paragraph 7#b71 the ,commission shall issue a determination approving or denying the application and providing its reasons for approving or denying such application4 7,b7 ,approval of modifications 7i7 ,in general ,if the independent organization administering a set of guidelines makes material changes to guidelines previously approved by the ,commission1 the independent organization must submit the updated guidelines to the ,commission for approval4 ,as soon as feasible1 the ,commission shall publish the updated guidelines and provide an opportunity for public comment4 7ii7 ,timeline ,the ,commission shall approve or deny any material change to the guidelines within #ahj days after receipt of the submission for approval4 7b7 ,withdrawal of approval ,if at any time the ,commission determines that the guidelines previously approved no longer meet the requirements of this ,act or a regulation promulgated under this ,act or that compliance with the approved guidelines is insufficiently enforced by the independent organization administering the guidelines1 the ,commission shall notify the covered entities or group of such entities and the independent organization of its determination to withdraw approval of such guidelines and the basis for doing so4 ,upon receipt of such notice1 the covered entity or group of such entities and the independent organization may cure any alleged deficiency with the guidelines or the enforcement of such guidelines within #ahj days and submit the proposed cure or cures to the ,commission4 ,if the ,commission determines that such cures eliminate the alleged deficiency in the guidelines1 then the ,commission may not withdraw approval of such guidelines on the basis of such determination4 7c7 ,deemed compliance ,a covered entity that is eligible to participate under subsection 7a77#a71 and participates1 in guidelines approved under this section shall be deemed in compliance with the relevant provisions of this ,act if it is in compliance with such guidelines4 #cje4 ,digital content forgeries 7a7 ,reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,commerce or the ,secretary's designee shall publish a report regarding digital content forgeries4 7b7 ,requirements ,each report under subsection 7a7 shall include the following3 7#a7 ,a definition of digital content forgeries along with accompanying explanatory materials1 except that the definition developed pursuant to this section shall not supersede any other provision of law or be construed to limit the authority of any ,executive agency related to digital content forgeries4 7#b7 ,a description of the common sources of digital content forgeries in the ,united ,states and commercial sources of digital content forgery technologies4 7#c7 ,an assessment of the uses1 applications1 and harms of digital content forgeries4 7#d7 ,an analysis of the methods and standards available to identify digital content forgeries as well as a description of the commercial technological counter-measures that are1 or could be1 used to address concerns with digital content forgeries1 which may include the provision of warnings to viewers of suspect content4 7#e7 ,a description of the types of digital content forgeries1 including those used to commit fraud1 cause harm1 or violate any provision of law4 7#f7 ,any other information determined appropriate by the ,secretary of ,commerce or the ,secretary's designee4 ,,iv ,enforcement1 applicability1 and miscellaneous #dja4 ,enforcement by the ,federal ,trade ,commission 7a7 ,new bureau 7#a7 ,in general ,the ,commission shall establish within the ,commission a new bureau1 the ,bureau of ,privacy1 which shall be comparable in structure1 size1 organization1 and authority to the existing ,bureaus within the ,commission related to consumer protection and competition4 7#b7 ,mission ,the mission of the bureau established under this subsection shall be to assist the ,commission in exercising the ,commission's authority under this ,act and related authorities4 7#c7 ,timeline ,the bureau shall be established1 staffed1 and fully operational not later than #a year after the date of enactment of this ,act4 7b7 ,office of business mentorship ,the ,director of the ,bureau established under subsection 7a7 shall establish within the ,bureau an ,office of ,business ,mentorship to provide guidance and education to covered entities regarding compliance with this ,act4 ,covered entities may request advice from the ,commission or this office with respect to a course of action which the covered entity proposes to pursue and which may relate to the requirements of this ,act4 7c7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in paragraphs 7#c71 7#d71 and 7#e71 the ,commission shall enforce this ,act and the regulations promulgated under 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 person who violates this ,act or a regulation promulgated 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 7#c7 ,limiting certain actions unrelated to this act ,if the ,commission brings a civil action under this ,act alleging that an act or practice violates this ,act or a regulation promulgated under this ,act1 the ,commission may not seek a cease and desist order against the same defendant under section #e7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;b77 to stop that same act or practice on the grounds that such act or practice constitutes an unfair or deceptive act or practice4 7#d7 ,common carriers and nonprofits ,notwithstanding any jurisdictional limitation of the ,commission with respect to consumer protection or privacy1 the ,commission shall enforce this ,act and the regulations promulgated under this ,act1 in the same manner provided in subsections 7#a71 7#b71 7#c71 and 7#e7 of this subsection1 with respect to common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and ,all ,acts amendatory thereof and supplementary thereto2 and organizations not organized to carry on business for their own profit or that of their members4 7#e7 ,data privacy and security victims relief fund 7,a7 ,establishment of victims relief fund ,there is established in the ,treasury of the ,united ,states a separate fund to be known as the ,privacy and ,security ,victims ,relief ,fund 7referred to in this paragraph as the ,victims ,relief ,fund74 7,b7 ,deposits ,the amount of any civil penalty obtained against any covered entity or service provider or any other relief ordered to provide redress1 payments or compensation1 or other monetary relief to individuals that cannot be located or the payment of which would otherwise not be practicable in any judicial or administrative action to enforce this ,act or a regulation promulgated under this ,act shall be deposited into the ,victims ,relief ,fund4 7,c7 ,use of fund amounts 7i7 ,availability to the ,commission ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 amounts in the ,victims ,relief ,fund shall be available to the ,commission1 without fiscal year limitation1 to provide redress1 payments or compensation1 or other monetary relief to individuals affected by an act or practice for which relief has been obtained under this ,act4 7ii7 ,other permissible uses ,to the extent that individuals cannot be located or such redress1 payments or compensation1 or other monetary relief are otherwise not practicable1 the ,commission may use such funds for the purpose of-- 7,i7 funding the activities of the ,office of ,business ,mentorship established under subsection 7b72 or 7,,ii7 engaging in technological research that the ,commission considers necessary to enforce or administer this ,act4 #djb4 ,enforcement by ,state attorneys general 7a7 ,civil action ,in any case in which the attorney general of a ,state or ,state ,privacy ,authority has reason to believe that an interest of the residents of that ,state has been1 may be1 or is adversely affected by the engagement of any a covered entity or service provider in an act or practice that has violated this ,act or a regulation promulgated under this ,act1 the attorney general of the ,state1 or ,state ,privacy ,authority1 may bring a civil action in the name of the ,state1 or as parens patriae on behalf of the residents of the ,state4 ,any such action shall be brought exclusively in an appropriate ,federal district court of the ,united ,states to-- 7#a7 enjoin that act or practice2 7#b7 enforce compliance with this ,act or the regulation2 7#c7 obtain damages1 civil penalties1 restitution1 or other compensation on behalf of the residents of the ,state2 or 7#d7 reasonable attorneys' fees and other litigation costs reasonably incurred4 7b7 ,rights of the ,commission 7#a7 ,in general ,except where not feasible1 the attorney general of a ,state or ,state ,privacy ,authority shall notify the ,commission in writing prior to initiating a civil action under subsection 7a74 ,such notice shall include a copy of the complaint to be filed to initiate such action4 ,upon receiving such notice1 the ,commission may intervene in such action as of right pursuant to the ,federal ,rules of ,civil ,procedure4 7#b7 ,notification timeline ,where it is not feasible for the attorney general of a ,state or ,state ,privacy ,authority to provide the notification required by paragraph 7#a7 before initiating a civil action under subsection 7a71 the attorney general of a ,state or ,state ,privacy ,authority shall notify the ,commission immediately after initiating the civil action4 7c7 ,actions by the ,commission ,in any case in which a civil action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation promulgated under this ,act1 no attorney general or ,state ,privacy ,authority may1 during the pendency of such action1 institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for violation of this ,act or a regulation promulgated under this ,act that is alleged in such complaint1 if the ,commission's complaint alleges such violations affected the residents of the relevant ,state or individuals nationwide4 ,in a case brought by the ,commission that affects the interests of a ,state1 an attorney general of such ,state or ,state ,privacy ,authority may intervene as of right pursuant to the ,federal ,rules of ,civil ,procedure4 7d7 ,rule of construction ,nothing in this section shall be construed to prevent the attorney general of a ,state or ,state ,privacy ,authority from exercising the powers conferred on the attorney general or ,state ,privacy ,authority to conduct investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7e7 ,preservation of ,state powers ,except as provided in subsection 7c71 no provision of this section shall be construed as altering1 limiting1 or affecting the authority of a ,state attorney general or ,state ,privacy ,authority to-- 7#a7 bring an action or other regulatory proceeding arising solely under the laws in effect in that ,state2 or 7#b7 exercise the powers conferred on the attorney general or ,state ,privacy ,authority by the laws of the ,state1 including the ability to conduct investigations1 administer oaths or affirmations1 or compel the attendance of witnesses or the production of documentary or other evidence4 #djc4 ,enforcement by individuals 7a7 ,enforcement by individuals 7#a7 ,in general ,beginning #d years after the date on which this ,act takes effect1 any individual who suffers an injury that could be addressed by the relief permitted in paragraph 7#b7 for a violation of this ,act or a regulation promulgated under this ,act by a covered entity may bring a civil action against such entity in any ,federal court of competent jurisdiction4 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails1 the court may award the plaintiff-- 7,a7 an amount equal to the sum of any actual damages sustained2 7,b7 injunctive relief2 and 7,c7 reasonable attorney's fees and litigation costs4 7#c7 ,rights of the ,commission and ,state attorneys general 7,a7 ,in general ,prior to an individual bringing a civil action under paragraph 7#a71 such individual must first notify the ,commission and the attorney general of the ,state of the individuals residence in writing outlining their desire to commence a civil action4 ,upon receiving such notice1 the ,commission and ,state attorney general shall make a determination1 not later than #fj days after receiving such notice1 as to whether they will independently seek to intervene in such action1 and upon intervening-- 7i7 be heard on all matters arising in such action2 and 7ii7 file petitions for appeal of a decision in such action4 7,b7 ,bad faith ,any written communication requesting a monetary payment that is sent to a covered entity shall be considered to have been sent in bad faith and shall be unlawful as defined in this ,act1 if the written communication was sent3 7i7 ,prior to the date that is #fj days after either a ,state attorney general or the ,commission has received the notice required under subparagraph 7,a74 7ii7 ,after the ,commission or attorney general of a ,state made the determination to independently seek civil actions against such entity as outlined in subparagraph 7,a74 7#d7 ,,ftc study ,beginning on the date that is #e years after the date of enactment of this ,act1 the ,commission's ,bureau of ,economics shall conduct an annual study to determine the economic impacts in the ,united ,states of demand letters and the scope of the rights of an individual to bring forth civil actions against covered entities4 ,such study shall include1 but not be limited to include the following3 7,a7 ,the impact on increasing insurance rates in the ,united ,states4 7,b7 ,the impact on the ability of covered entities to offer new products or services4 7,c7 ,the impact on the creation and growth of startup companies1 including tech startup companies4 7,d7 ,any emerging risks and long-term trends in relevant marketplaces1 supply chains1 and labor availability4 7#e7 ,report to ,congress ,not later than #a year after the first day on which individuals are able to bring civil actions under this subsection1 and annually thereafter1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that contains the results of the study conducted under paragraph 7#d74 7b7 ,pre-,dispute arbitration agreements and pre-,dispute joint-,action waivers related to individuals under the age of #ah 7#a7 ,arbitration ,except as provided in section #cjc7;d71 and notwithstanding any other provision of law1 no agreement for pre-dispute arbitration with respect to an individual under the age of #ah may limit any of the rights provided in this ,act4 7#b7 ,joint-action waivers ,notwithstanding any other provision of law1 no agreement for pre-dispute joint-action waiver with respect to an individual under the age of #ah may limit any of the rights provided in this ,act4 7#c7 ,definitions ,for purposes of this subsection3 7,a7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of the making of the agreement4 7,b7 ,pre-dispute joint-action waiver ,the term pre-dispute joint-action waiver means an agreement1 whether or not part of a pre-dispute arbitration agreement1 that would prohibit or waive the right of #a of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7c7 ,right ,to cure 7#a7 ,notice ,subject to paragraph 7#c71 any action under this section may be brought by an individual if1 prior to initiating such action against a covered entity for injunctive relief or against a covered entity that meets the requirements of section #baj7;c7 for any form of relief the individual provides to the covered entity #de days' written notice identifying the specific provisions of this ,act the individual alleges have been or are being violated4 7#b7 ,effect of cure ,in the event a cure is possible1 if within the #de days the covered entity cures the noticed violation and provides the individual an express written statement that the violation has been cured and that no further violations shall occur1 an action for injunctive relief may be reasonably dismissed4 7d7 ,demand letter ,if an individual or a class of individuals sends correspondence to a covered entity alleging a violation of the provisions of this ,act and requesting a monetary payment1 such correspondence shall include the following language3 ,please visit the website of the ,federal ,trade ,commission to understand your rights pursuant to this letter followed by a hyperlink to the web page of the ,commission required under section #bja4 ,if such correspondence does not include such language and hyperlink1 the individual or joint class of individuals shall forfeit their rights under this section4 7e7 ,applicability ,this section shall only apply to any claim alleging a violation of section #ajb1 #ajd1 #bjb1 #bjc1 #bjd1 #bje7;a71 #bje7;b71 #bjf7;c77#c77;,d71 #bjg7;a71 #bjh7;a71 or #cjb for which relief described in subsection 7a77#b7 may be granted4 #djd4 ,relationship to ,federal and ,state laws 7a7 ,federal law preservation 7#a7 ,in general ,nothing in this ,act or a regulation promulgated under this ,act shall be construed to limit-- 7,a7 the authority of the ,commission1 or any other ,executive agency1 under any other provision of law2 7,b7 any requirement for a common carrier subject to section #fd4bjaa of title #dg1 ,code of ,federal ,regulations1 regarding information security breaches2 or 7,c7 any other provision of ,federal law unless specifically authorized by this ,act4 7#b7 ,applicability of other privacy requirements ,a covered entity that is required to comply with title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq471 the ,health ,information ,technology for ,economic and ,clinical ,health ,act 7#db ,u4,s4,c4 #agica et seq471 part ,c of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d et seq471 the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq471 the ,family ,educational ,rights and ,privacy ,act 7#bj ,u4,s4,c4 #abcb;g2 part #ii of title #cd1 ,code of ,federal ,regulations71 or the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note71 and is in compliance with the data privacy requirements of such regulations1 part1 title1 or ,act 7as applicable71 shall be deemed to be in compliance with the related requirements of this title1 except for section #bjh1 with respect to data subject to the requirements of such regulations1 part1 title1 or ,act4 ,not later than #a year after the date of enactment of this ,act1 the ,commission shall issue guidance describing the implementation of this paragraph4 7#c7 ,applicability of other data security requirements ,a covered entity that is required to comply with title ,v of the ,gramm-,leach-,bliley ,act 7#ae ,u4,s4,c4 #fhja et seq471 the ,health ,information ,technology for ,economic and ,clinical ,health ,act 7#db ,u4,s4,c4 #agica et seq471 part ,c of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;d et seq471 or the regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note71 and is in compliance with the information security requirements of such regulations1 part1 title1 or ,act 7as applicable71 shall be deemed to be in compliance with the requirements of section #bjh with respect to data subject to the requirements of such regulations1 part1 title1 or ,act4 ,not later than #a year after the date of enactment of this ,act1 the ,commission shall issue guidance describing the implementation of this paragraph4 7b7 ,preemption of ,state laws 7#a7 ,in general ,no ,state or political subdivision of a ,state may adopt1 maintain1 enforce1 or continue in effect any law1 regulation1 rule1 standard1 requirement1 or other provision having the force and effect of law of any ,state1 or political subdivision of a ,state1 covered by the provisions of this ,act1 or a rule1 regulation1 or requirement promulgated under this ,act4 7#b7 ,state law preservation ,paragraph 7#a7 shall not be construed to preempt1 displace1 or supplant the following ,state laws1 rules1 regulations1 or requirements3 7,a7 ,consumer protection laws of general applicability such as laws regulating deceptive1 unfair1 or unconscionable practices4 7,b7 ,civil rights laws4 7,c7 ,laws that govern the privacy rights or other protections of employees1 employee information1 students1 or student information4 7,d7 ,laws that address notification requirements in the event of a data breach4 7,e7 ,contract or tort law4 7,f7 ,criminal laws governing fraud1 theft1 including identity theft1 unauthorized access to information or electronic devices1 or unauthorized use of information1 malicious behavior1 or similar provisions1 or laws of criminal procedure4 7,g7 ,criminal or civil laws regarding cyberstalking1 cyberbullying1 nonconsensual pornography1 or sexual harassment4 7,h7 ,public safety or sector specific laws unrelated to privacy or security4 7,i7 ,laws that address public records1 criminal justice information systems1 arrest records1 mug shots1 conviction records1 or non-conviction records4 7,j7 ,laws that address banking records1 financial records1 tax records1 ,social ,security numbers1 credit cards1 credit reporting and investigations1 credit repair1 credit clinics1 or check-cashing services4 7,k7 ,laws that solely address facial recognition or facial recognition technologies1 electronic surveillance1 wiretapping1 or telephone monitoring4 7,l7 ,the ,biometric ,information ,privacy ,act 7#gdj ,,icls #ad et seq47 and the ,genetic ,information ,privacy ,act 7#daj ,,ilcs et seq474 7,m7 ,laws to address unsolicited email messages1 telephone solicitation1 or caller ,,id4 7,n7 ,laws that address health information1 medical information1 medical records1 ,,hiv status1 or ,,hiv testing4 7,o7 ,laws that address the confidentiality of library records4 7,p7 ,section #agih4aej of the ,california ,civil ,code 7as amended on ,november #c1 #bjbj1 by initiative ,proposition #bd1 section #af74 7#c7 ,nonapplication of ,,fcc privacy laws and regulations to covered entities ,notwithstanding any other provision of law1 sections #bbb1 #cch7;i71 and #fca of the ,communications ,act of #aicd1 as amended 7#dg ,u4,s4,c4 #bbb1 #cch7;i71 and #eea71 and any regulation promulgated by the ,federal ,communications ,commission under such sections1 shall not apply to any covered entity with respect to the collecting1 processing1 or transferring of covered data under this ,act4 7c7 ,preservation of common law or statutory causes of action for civil relief ,nothing in this ,act1 nor any amendment1 standard1 rule1 requirement1 assessment1 law1 or regulation promulgated under this ,act1 shall be construed to preempt1 displace1 or supplant any ,federal or ,state common law rights or remedies1 or any statute creating a remedy for civil relief1 including any cause of action for personal injury1 wrongful death1 property damage1 or other financial1 physical1 reputational1 or psychological injury based in negligence1 strict liability1 products liability1 failure to warn1 an objectively offensive intrusion into the private affairs or concerns of the individual1 or any other legal theory of liability under any ,federal or ,state common law1 or any ,state statutory law1 except that the fact of a violation of this ,act shall not be pleaded as an element of any such cause of action4 #dje4 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this ,act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation4 #djf4 ,,coppa 7a7 ,in general ,nothing in this ,act shall be construed to relieve or change any obligations that a covered entity or another person may have under the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq474 7b7 ,updated regulations ,not later than #ahj days after the enactment of this ,act1 the ,commission shall amend its rules issued pursuant to the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 to make reference to the additional requirements placed on covered entities under this ,act1 in addition to those already enacted under the ,children's ,online ,privacy ,protection ,act of #aiih that may already apply to some of such covered entities4 #djg4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission such sums as necessary to carry out this ,act4 #djh4 ,effective date ,except as otherwise provided1 this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4