,,ii #aagth ,,congress #b;d ,session ,s4 #dgch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjbb,ms4 ,klobuchar 7for herself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the privacy of personally-identifiable health data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,commercial ,use of ,health ,data ,act4 #b4 ,privacy of personally-identifiable health data 7a7 ,prohibition on the use of personally-,identifiable health data in commercial advertising 7#a7 ,in general ,it shall be unlawful for any covered entity to use the personally-identifiable health data of an individual that is collected from any source 7including data volunteered by an individual1 medical center-derived data1 data from a wearable fitness tracker1 data from web browsing history1 or any other source determined appropriate by the ,commission7 for commercial advertising4 7#b7 ,exception for public health campaigns ,the prohibition under paragraph 7#a7 shall not apply to any public health campaign directed toward individuals or subpopulations of individuals4 7b7 ,right of access and deletion 7#a7 ,right of access 7,a7 ,in general ,a covered entity shall make available an easy-to-use mechanism by which an individual1 upon verified request1 may access any personally-identifiable health data relating to such individual that is retained by such covered entity4 7,b7 ,format ,a covered entity shall make the information described in subparagraph 7,a7 available in both a human-readable and a machine-readable format4 7#b7 ,right of deletion ,a covered entity shall make available an easy-to-use mechanism by which an individual1 upon verified request1 may request the deletion of any personally-identifiable health data relating to such individual that is retained by such covered entity4 7#c7 ,requirements for access and deletion 7,a7 ,timeline for complying with requests ,a covered entity shall comply with a verified request received under this subsection without undue delay1 but not later than #de days after the date on which such covered entity receives such verified request4 7,b7 ,fees prohibited ,a covered entity may not charge a fee to an individual for a request made under this subsection4 7,c7 ,rules of construction ,nothing in this section shall be construed-- 7i7 as supplanting or abrogating any provision of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia72 or 7ii7 to require a covered entity to-- 7,i7 take an action that would convert information that is not personally-identifiable health data into personally-identifiable health data2 7,,ii7 collect or retain personally-identifiable health data that such covered entity would not otherwise collect or retain2 or 7,,iii7 retain personally-identifiable health data longer than such covered entity would otherwise retain such data4 #c4 ,enforcement 7a7 ,enforcement by the ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of section #b or a regulation promulgated thereunder shall be treated as an unfair and deceptive act or practice proscribed under section #e7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,any person who violates 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 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#c7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 7b7 ,enforcement by individuals 7#a7 ,in general ,any individual who suffers an injury 7including the denial of a right established under this ,act7 as a result of a violation of this ,act or a regulation promulgated thereunder by a covered entity may bring a civil action against such covered entity in ,federal district court4 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 for a-- 7i7 violation of section #b7;a71 an amount equal to the greater of-- 7,i7 #a1jjj in statutory damages per commercial advertisement generated in violation of such subsection2 or 7,,ii7 the sum of any actual damages sustained2 or 7ii7 violation of section #b7;b71 an amount equal to the sum of any actual damages sustained2 and 7,b7 reasonable attorney's fees and litigation costs4 #d4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,collect ,the term collect means1 with respect to personally-identifiable health data1 to obtain such information in any manner4 7#b7 ,commercial advertising ,the term commercial advertising means communications that promote the sale of or interest in goods or services1 including goods or services that are published digitally1 via video or audio1 or in print4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,covered entity ,the term covered entity means a person that-- 7,a7 is subject to the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq472 and 7,b7 collects1 on an annual basis1 the personally-identifiable health data of not less than #a1jjj individuals in the ,united ,states4 7b7 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall conduct a rulemaking pursuant to section #eec of title #e1 ,united ,states ,code1 to define the terms public health campaign and personally-identifiable health data for purposes of this ,act4