,,ii #aahth ,,congress #b;d ,session ,s4 #ebhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be1 #bjbd,mr4 ,merkley 7for himself and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to restrict car manufacturers and other companies from selling consumer car-related data1 increase transparency regarding data practices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,car ,privacy ,rights ,act of #bjbd4 #b4 ,restricting the sharing or selling of consumer car-related data 7a7 ,in general ,subject to subsections 7b7 and 7c71 it shall be unlawful for a covered entity to share or sell any consumer car-related data of a consumer unless-- 7#a7 the covered entity provides the consumer-- 7,a7 a notice that-- 7i7 the covered entity intends to share or sell such data2 7ii7 is provided in a clear and conspicuous standalone disclosure that describes each instance the covered entity plans to share or sell such data2 7iii7 states for each specific category of such data if the covered entity is sharing or selling such data in order to provide a service requested by the consumer or for another purpose2 7iv7 is written in easy-to-understand language2 7v7 is provided by a means that would be reasonably anticipated by the consumer given the relationship between the consumer and the covered entity2 and 7vi7 is accessible to persons with disabilities2 and 7,b7 an opportunity to explicitly grant affirmative express consent to allow the covered entity to share or sell such data2 and 7#b7 the consumer explicitly grants such affirmative express consent4 7b7 ,revocation of consent ,if a consumer grants affirmative express consent to allow a covered entity to share or sell the data of such consumer pursuant to subsection 7a77#b71 the covered entity shall allow such consumer to easily revoke such consent directly through the website of the covered entity1 or application of the covered entity1 or through direct mail4 7c7 ,exception ,subsection 7a7 shall not apply to any data a covered entity shares with the ,national ,highway ,traffic ,safety ,administration4 #c4 ,reporting of consumer data privacy practices 7a7 ,in general ,not later than #abj days after the date of enactment of this ,act and annually thereafter1 each car manufacturer and motor vehicle insurance company shall submit a report to the ,commission regarding their consumer data privacy practices1 including any consumer car-related data that are being collected1 the purpose behind such data being collected1 what entities are being shared or sold such data1 and an overview of their data sharing practices4 7b7 ,,ftc report ,not later than #ahj days after the date described in subsection 7a7 and annually thereafter1 the ,commission shall submit to ,congress and publish on the website of the ,commission a report containing a summary of the information described in subsection 7a74 #d4 ,guidance or rulemaking regarding car manufacturers addressing domestic violence issues related to their applications ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 in consultation with the ,federal ,communications ,commission and the ,national ,highway ,traffic ,safety ,administration1 shall issue guidance or promulgate regulations regarding how car manufacturers can address domestic violence issues related to any application of a car manufacturer that has the capability to determine the precise geolocation of an individual1 consumer car1 or device4 #e4 ,enforcement 7a7 ,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 under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,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 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 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7#d7 ,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 #f4 ,definitions ,in this ,act3 7#a7 ,affirmative express consent ,the term affirmative express consent means an affirmative act by a consumer that-- 7,a7 clearly communicates the authorization of the consumer for an act or practice2 7,b7 is provided in response to a notice that meets the requirements of section #b7;a77#a77;,a72 and 7,c7 is not-- 7i7 acceptance of general or broad terms of service or a similar document2 7ii7 accomplished by hovering over1 muting1 pausing1 or closing a given piece of content2 or 7iii7 acceptance of an agreement obtained through the use of false1 fraudulent1 or materially misleading means4 7#b7 ,application ,the term application means a software program that runs on the operating system of a device4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,consumer ,the term consumer means an individual who is a citizen or resident of1 or located in1 the ,united ,states4 7#e7 ,consumer car ,the term consumer car means a motor vehicle1 as defined in section #cjajb of title #di1 ,united ,states ,code1 that is owned1 leased1 or operated by a consumer1 but excluding any motor vehicle owned1 leased1 or operated in a commercial or employment context4 7#f7 ,consumer car-related data ,the term consumer car-related data means any information1 including derived data and unique identifiers1 that is-- 7,a7 linked or reasonably linkable1 alone or in combination with other information1 to an identified or identifiable individual or a device2 and 7,b7 collected or derived from and describes the historic operation1 condition1 status1 or precise geolocation of a consumer car or its occupants4 7#g7 ,covered entity ,the term covered entity means any person that collects the consumer car-related data of an individual1 including car manufacturers1 insurance companies1 and companies that collect such data through digital applications4 7#h7 ,device ,the term device means any electronic equipment capable of collecting1 processing1 retaining1 or transferring consumer car-related data1 including such devices equipped on a consumer car4 7#i7 ,precise ,geolocation ,the term precise geolocation means information that reveals the past or present physical location of an individual1 consumer car1 or device with sufficient precision to identify-- 7,a7 street-level location information of such individual1 consumer car1 or device2 or 7,b7 the location of such individual1 consumer car1 or device within a range of #a1hej feet or less4