[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5282 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5282
To restrict car manufacturers and other companies from selling consumer
car-related data, increase transparency regarding data practices, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Merkley (for himself and Ms. Warren) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To restrict car manufacturers and other companies from selling consumer
car-related data, increase transparency regarding data practices, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Car Privacy Rights Act of 2024''.
SEC. 2. RESTRICTING THE SHARING OR SELLING OF CONSUMER CAR-RELATED
DATA.
(a) In General.--Subject to subsections (b) and (c), it shall be
unlawful for a covered entity to share or sell any consumer car-related
data of a consumer unless--
(1) the covered entity provides the consumer--
(A) a notice that--
(i) the covered entity intends to share or
sell such data;
(ii) is provided in a clear and conspicuous
standalone disclosure that describes each
instance the covered entity plans to share or
sell such data;
(iii) 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
purpose;
(iv) is written in easy-to-understand
language;
(v) is provided by a means that would be
reasonably anticipated by the consumer given
the relationship between the consumer and the
covered entity; and
(vi) is accessible to persons with
disabilities; and
(B) an opportunity to explicitly grant affirmative
express consent to allow the covered entity to share or
sell such data; and
(2) the consumer explicitly grants such affirmative express
consent.
(b) 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 (a)(2), the covered entity shall
allow such consumer to easily revoke such consent directly through the
website of the covered entity, or application of the covered entity, or
through direct mail.
(c) Exception.--Subsection (a) shall not apply to any data a
covered entity shares with the National Highway Traffic Safety
Administration.
SEC. 3. REPORTING OF CONSUMER DATA PRIVACY PRACTICES.
(a) In General.--Not later than 120 days after the date of
enactment of this Act and annually thereafter, each car manufacturer
and motor vehicle insurance company shall submit a report to the
Commission regarding their consumer data privacy practices, including
any consumer car-related data that are being collected, the purpose
behind such data being collected, what entities are being shared or
sold such data, and an overview of their data sharing practices.
(b) FTC Report.--Not later than 180 days after the date described
in subsection (a) and annually thereafter, 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 (a).
SEC. 4. GUIDANCE OR RULEMAKING REGARDING CAR MANUFACTURERS ADDRESSING
DOMESTIC VIOLENCE ISSUES RELATED TO THEIR APPLICATIONS.
Not later than 180 days after the date of enactment of this Act,
the Commission, in consultation with the Federal Communications
Commission and the National Highway Traffic Safety Administration,
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 individual, consumer car, or device.
SEC. 5. ENFORCEMENT.
(a) 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 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(b) Powers of the Commission.--
(1) In general.--The Commission shall enforce this Act in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this Act.
(2) 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 (15
U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(4) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States Code,
such rules as may be necessary to carry out this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Affirmative express consent.--The term ``affirmative
express consent'' means an affirmative act by a consumer that--
(A) clearly communicates the authorization of the
consumer for an act or practice;
(B) is provided in response to a notice that meets
the requirements of section 2(a)(1)(A); and
(C) is not--
(i) acceptance of general or broad terms of
service or a similar document;
(ii) accomplished by hovering over, muting,
pausing, or closing a given piece of content;
or
(iii) acceptance of an agreement obtained
through the use of false, fraudulent, or
materially misleading means.
(2) Application.--The term ``application'' means a software
program that runs on the operating system of a device.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Consumer.--The term ``consumer'' means an individual
who is a citizen or resident of, or located in, the United
States.
(5) Consumer car.--The term ``consumer car'' means a motor
vehicle, as defined in section 30102 of title 49, United States
Code, that is owned, leased, or operated by a consumer, but
excluding any motor vehicle owned, leased, or operated in a
commercial or employment context.
(6) Consumer car-related data.--The term ``consumer car-
related data'' means any information, including derived data
and unique identifiers, that is--
(A) linked or reasonably linkable, alone or in
combination with other information, to an identified or
identifiable individual or a device; and
(B) collected or derived from and describes the
historic operation, condition, status, or precise
geolocation of a consumer car or its occupants.
(7) Covered entity.--The term ``covered entity'' means any
person that collects the consumer car-related data of an
individual, including car manufacturers, insurance companies,
and companies that collect such data through digital
applications.
(8) Device.--The term ``device'' means any electronic
equipment capable of collecting, processing, retaining, or
transferring consumer car-related data, including such devices
equipped on a consumer car.
(9) Precise geolocation.--The term ``precise geolocation''
means information that reveals the past or present physical
location of an individual, consumer car, or device with
sufficient precision to identify--
(A) street-level location information of such
individual, consumer car, or device; or
(B) the location of such individual, consumer car,
or device within a range of 1,850 feet or less.
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