,,ii #aaith ,,congress #b;d ,session ,s4 #edei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bc1 #bjbf,mr4 ,ricketts introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to protect the economic value of agricultural data and the autonomy of agricultural producers by protecting the sale of agricultural data and maintaining the security of agricultural data through reasonable safeguards4 #a4 ,short title ,this ,act may be cited as the ,agricultural ,data ,privacy ,act of #bjbf4 #b4 ,purpose ,the purpose of this ,act is to protect the economic value of agricultural data and the autonomy of agricultural producers by protecting the sale of agricultural data and maintaining the security of agricultural data through reasonable safeguards4 #c4 ,definitions ,in this ,act3 7#a7 ,affiliate ,the term affiliate means a person or entity that directly or indirectly controls1 is controlled by1 or is under common control with a controller or processor4 7#b7 ,aggregated data ,the term aggregated data means agricultural data that has been combined with other data from various sources and summarized so that the resulting data cannot reasonably be linked to an identified or identifiable agricultural producer1 farm1 parcel1 device1 or equipment4 7#c7 ,agricultural data 7,a7 ,in general ,the term agricultural data means any of the following data that is collected1 produced1 or generated and is linked or reasonably linked to an identified or reasonably identifiable agricultural producer3 7i7 ,agronomic data4 7ii7 ,climate and weather data4 7iii7 ,land data4 7iv7 ,livestock data4 7v7 ,management data4 7vi7 ,sustainability data4 7,b7 ,exclusions ,the term agricultural data does not include any of the following data3 7i7 ,aggregated data4 7ii7 ,derived data4 7iii7 ,any data described in subparagraph 7,a7 that would otherwise qualify as agricultural data1 if that data is made available to the general public by a ,federal agency4 7#d7 ,agricultural producer ,the term agricultural producer means the person that is the owner1 lessee1 or renter of the farm1 livestock1 land1 device1 or equipment from which agricultural data originates4 7#e7 ,agronomic data ,the term agronomic data means information relating to soil management or crop production1 including data relating to any crop1 field1 planting activity1 seed type1 yield1 disease and pest management1 fertilizer type or application1 or prescription4 7#f7 ,climate and weather data 7,a7 ,in general ,the term climate and weather data means information regarding the conditions of the atmosphere at a place and time and how those conditions generally prevail in that place over a long period of time that is collected1 produced1 or generated by the equipment of an agricultural producer or by devices located on the land of an agricultural producer4 7,b7 ,inclusions ,the term climate and weather data includes precipitation type and amount1 wind speed and direction1 and temperature4 7,c7 ,exclusions ,the term climate and weather data does not include information that is made available to the general public by a governmental entity or public source4 7#g7 ,controller ,the term controller means a person who or entity that1 alone or jointly with others1 determines the purpose and means of processing agricultural data4 7#h7 ,derived data ,the term derived data means data that has been significantly modified1 processed1 analyzed1 or compiled1 including agronomic insights1 reports1 and predictive models4 7#i7 ,land data ,the term land data means information regarding the physical attributes of a parcel of land1 including the types and fertility of soils1 the topography1 elevation1 watershed1 and drainage of that parcel1 and geospatial information regarding that parcel4 7#aj7 ,livestock data ,the term livestock data means information regarding the production of animals by an agricultural producer1 including animal identification practices1 pedigree information1 genetic information1 and feed consumption information4 7#aa7 ,management data 7,a7 ,in general ,the term management data means information regarding the management of the agricultural operations of an agricultural producer4 7,b7 ,inclusions ,the term management data includes-- 7i7 the finances1 taxes1 and employment of the agricultural producer2 7ii7 the price received or paid for any commodity2 7iii7 data regarding the compliance of the agricultural producer with any law2 7iv7 data regarding the supply chain for a commodity that is produced or used by the agricultural producer2 and 7v7 information regarding the tillage and conservation practices of the agricultural producer4 7#ab7 ,processor ,the term processor means a person who or entity that processes agricultural data on behalf of a controller4 7#ac7 ,sale of agricultural data 7,a7 ,in general ,the term sale of agricultural data means the exchange of agricultural data for monetary or other valuable consideration by a controller or processor to a third party4 7,b7 ,exclusions ,the term sale of agricultural data does not include any-- 7i7 disclosure or transfer of agricultural data to a processor by a controller2 7ii7 use of agricultural data by a processor1 if that use is authorized by a controller2 7iii7 disclosure1 transfer1 or use of agricultural data for the purpose of a controller or processor providing a service to an agricultural producer2 7iv7 disclosure1 transfer1 or use of agricultural data to an affiliate of the controller or processor2 7v7 disclosure that is expressly directed1 initiated1 or authorized in writing by an agricultural producer to a designated third party1 including any input provider1 advisor1 lender1 insurer1 cooperative1 or digital platform chosen by the agricultural producer2 7vi7 disclosure that is required by a ,federal or ,state law1 regulation1 subpoena1 investigative demand1 or court order2 7vii7 disclosure that is required for compliance with a ,federal or ,state safety1 emissions1 or environmental obligation2 7viii7 disclosure of information that an agricultural producer-- 7,i7 intentionally made available to the general public through a mass media channel2 and 7,,ii7 did not restrict to a specific audience2 7ix7 disclosure or transfer of agricultural data by a controller to a third party as an asset in which the third party assumes control of all or a part of the controller's assets and that is part of a proposed or actual-- 7,i7 merger2 7,,ii7 acquisition2 7,,iii7 bankruptcy2 or 7,,iv7 transaction2 or 7x7 disclosure1 transfer1 or use that is reasonably necessary to detect1 prevent1 or respond to any fraud1 abuse1 cybersecurity threat1 illegal conduct1 data integrity issue1 or equipment misuse4 7#ad7 ,service ,the term service means any service that is provided by a controller or processor to an agricultural producer and that may be used to maintain1 diagnose1 repair1 support1 secure1 improve1 or provide any equipment1 software1 device1 technology1 product1 or service to the agricultural producer1 including any telematic service1 remote diagnostic1 predictive maintenance1 warranty administration1 safety notification1 recall activity1 cybersecurity service1 product improvement1 quality improvement1 system performance enhancement1 internal algorithm training1 over-the-air update1 or purchase of a commodity from the agricultural producer4 7#ae7 ,sustainability data ,the term sustainability data means information regarding greenhouse gas emissions1 carbon sequestration1 water-quality impact1 and any other environmental or conservation practice used to verify sustainability claims4 #d4 ,ownership and control of agricultural data 7a7 ,definition of control ,in this section1 the term control means a person has the power-- 7#a7 to avail substantially all of the benefits from agricultural data2 7#b7 to prevent other persons from availing substantially all of the benefits from agricultural data2 and 7#c7 to transfer a power described in paragraph 7#a7 or 7#b7 to another person4 7b7 ,ownership and control ,an agricultural producer is the owner1 and has control1 of the agricultural data that originates from the farm1 land1 device1 or equipment of that agricultural producer4 7c7 ,nonexclusive right of control 7#a7 ,in general ,a controller or processor that collects1 stores1 or uses agricultural data is deemed to have a nonexclusive right of control over that agricultural data solely for the purpose of providing services1 maintaining equipment1 or performing data processing authorized by the agricultural producer4 7#b7 ,exclusion of sale ,the nonexclusive right of control that is granted to a controller or processor under paragraph 7#a7 does not include the power to engage in the sale of the agricultural data4 #e4 ,sales of agricultural data 7a7 ,in general ,a controller or processor shall not engage in the sale of agricultural data without the express written consent of the applicable agricultural producer4 7b7 ,means of obtaining ,written consent for the sale of agricultural data described in subsection 7a7 shall be obtained through a clear and conspicuous disclosure that is separate from the primary terms of service or data use agreement4 #f4 ,disclosures in contracts and agreements 7a7 ,in general ,each contract or agreement entered into on or after ,january #a1 #bjbg1 involving the collection or processing of agricultural data shall contain a specific provision stating that the controller or processor is prohibited from engaging in the sale of that agricultural data without the express written consent of the agricultural producer4 7b7 ,unenforceability ,any contract provision that waives or limits the requirements of this ,act is contrary to public policy and is void and unenforceable4 #g4 ,security practices 7a7 ,in general ,any controller or processor in custody or possession of agricultural data shall establish1 implement1 and maintain reasonable administrative1 technical1 and physical data security practices to protect the confidentiality1 integrity1 and accessibility of that agricultural data4 7b7 ,requirements ,security practices described in subsection 7a7-- 7#a7 shall be appropriate for the volume and nature of the agricultural data2 and 7#b7 shall protect against unauthorized access1 use1 disclosure1 modification1 or loss4 #h4 ,enforcement 7a7 ,in general ,the ,attorney ,general may bring an action in the appropriate ,district ,court of the ,united ,states against any controller or processor that violates this ,act-- 7#a7 to seek injunctive relief2 or 7#b7 to recover a civil penalty in the amount of #a1jjj for each separate violation4 7b7 ,deposit ,any civil penalty that is recovered under subsection 7a77#b7 shall be deposited in the general fund of the ,treasury4 7c7 ,exclusive remedy ,the enforcement authority granted to the ,attorney ,general under this section shall be the exclusive remedy for violations of this ,act4 7d7 ,effect ,nothing in this ,act creates any new private cause of action4 #i4 ,notice 7a7 ,in general ,prior to bringing an action to recover a civil penalty for a violation of section #f or #g1 the ,attorney ,general shall provide a controller or processor with a written notice that identifies the specific provision of section #f or #g that the ,attorney ,general alleges has been or is being violated4 7b7 ,opportunity ,to cure ,no action for a civil penalty described in subsection 7a7 shall be initiated if1 within #de days after receiving the written notice described in that subsection1 the controller or processor-- 7#a7 cures each alleged violation described in the notice2 and 7#b7 provides the ,attorney ,general with a written statement that-- 7,a7 specifies that each alleged violation described in the notice has been cured2 and 7,b7 the controller or processor will refrain from further violations of this ,act4 7c7 ,inapplicability ,this section shall not apply to any violation of section #e4 #aj4 ,administration ,the ,secretary of ,agriculture shall administer this ,act1 except with respect to enforcement under sections #h and #i4 #aa4 ,effect ,nothing in this ,act-- 7#a7 limits or supersedes any duty or obligation that is imposed by any other ,federal law2 7#b7 relieves any person from any duty or obligation otherwise imposed by law2 or 7#c7 impairs1 supersedes1 or otherwise affects the terms of any private contract that is in existence prior to the date of enactment of this ,act4