Legis Daily

PRIVATE Act

USA117th CongressHR-5696| House 
| Updated: 10/25/2021
Chris Jacobs

Chris Jacobs

Republican Representative

New York

Cosponsors (2)
Ed Case (Democratic)John H. Rutherford (Republican)

Commerce, Manufacturing, and Trade Subcommittee, Energy and Commerce Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act This bill generally prohibits collecting, transmitting, disclosing, or otherwise using data from a camera or microphone of an internet-connected device. A device manufacturer or software application developer may not use such data unless the use is (1) reasonably required for the device's functionality, and (2) limited to instances when the individual is actively operating the device. For voice-activated functionality, the bill also prohibits data use before the functionality is activated. Additionally, individuals must expressly and affirmatively consent to data use and may revoke this consent. To obtain consent, manufacturers and developers must provide individuals with a brief notice that describes the data use and meets other requirements. They must also maintain a separate privacy policy that details how the entity specifically uses data from a device's camera or microphone. The Federal Trade Commission (FTC) must (1) issue guidance and sample language for brief notices, and (2) enforce the bill's prohibitions as an unfair or deceptive act or practice. The bill provides a safe harbor from such enforcement if a manufacturer or developer obtains FTC approval for the requisite brief notice and privacy policy.
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Timeline

Bill from Previous Congress

HR 115-2052
PRIVATE Act
Oct 22, 2021
Introduced in House
Oct 22, 2021
Referred to the House Committee on Energy and Commerce.
Oct 25, 2021
Referred to the Subcommittee on Consumer Protection and Commerce.
  • Bill from Previous Congress

    HR 115-2052
    PRIVATE Act


  • October 22, 2021
    Introduced in House


  • October 22, 2021
    Referred to the House Committee on Energy and Commerce.


  • October 25, 2021
    Referred to the Subcommittee on Consumer Protection and Commerce.

Science, Technology, Communications

PRIVATE Act

USA117th CongressHR-5696| House 
| Updated: 10/25/2021
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act This bill generally prohibits collecting, transmitting, disclosing, or otherwise using data from a camera or microphone of an internet-connected device. A device manufacturer or software application developer may not use such data unless the use is (1) reasonably required for the device's functionality, and (2) limited to instances when the individual is actively operating the device. For voice-activated functionality, the bill also prohibits data use before the functionality is activated. Additionally, individuals must expressly and affirmatively consent to data use and may revoke this consent. To obtain consent, manufacturers and developers must provide individuals with a brief notice that describes the data use and meets other requirements. They must also maintain a separate privacy policy that details how the entity specifically uses data from a device's camera or microphone. The Federal Trade Commission (FTC) must (1) issue guidance and sample language for brief notices, and (2) enforce the bill's prohibitions as an unfair or deceptive act or practice. The bill provides a safe harbor from such enforcement if a manufacturer or developer obtains FTC approval for the requisite brief notice and privacy policy.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 115-2052
PRIVATE Act
Oct 22, 2021
Introduced in House
Oct 22, 2021
Referred to the House Committee on Energy and Commerce.
Oct 25, 2021
Referred to the Subcommittee on Consumer Protection and Commerce.
  • Bill from Previous Congress

    HR 115-2052
    PRIVATE Act


  • October 22, 2021
    Introduced in House


  • October 22, 2021
    Referred to the House Committee on Energy and Commerce.


  • October 25, 2021
    Referred to the Subcommittee on Consumer Protection and Commerce.
Chris Jacobs

Chris Jacobs

Republican Representative

New York

Cosponsors (2)
Ed Case (Democratic)John H. Rutherford (Republican)

Commerce, Manufacturing, and Trade Subcommittee, Energy and Commerce Committee

Science, Technology, Communications

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted