The proposed bill, known as the "Common Law Privacy and Consumer Protection Act," aims to establish property rights in personal digital information, particularly data stored on cloud servers. It introduces a legal presumption of bailment for unpublished content, affirming that individuals retain ownership of their personal information even when it is stored digitally. The bill also stipulates that digital records are protected from unreasonable government searches or seizures, requiring a warrant for access unless otherwise authorized by law. Additionally, it distinguishes between private unpublished data and public information for property and privacy purposes.
Key provisions of the bill include the insertion of new legal language that defines the treatment of personal information, asserting that unpublished personal information remains the property of its original owner even when incorporated into digital records. It also clarifies that derivative records without personally identifiable information belong to their creator. Exceptions to the definition of unpublished personal information are outlined, including information made public by its owner or disclosed for news reporting. The bill is expected to increase the responsibilities of the Consumer Protection and Antitrust Bureau's Data Privacy Unit, necessitating additional funding for new positions to manage the enforcement of these rights.