“To prohibit covered entities from preventing the use of certain data by individuals, and for other purposes.”
No CRS summary available for this bill.
This section prohibits a covered entity—generally, any person (other than a non-commercial individual) who collects, processes, or transfers covered data (i.e., information that identifies or is linked or reasonably linkable to an individual or device)—from preventing an individual from using de-identified data (i.e., data not identifiable or linkable to an individual) or cloaked data (i.e., unique persistent identifiers that replace and conceal covered data to enable communication). The prohibition does not apply when the covered entity acts as a service provider; covered entities exclude federal, state, or local government entities and the congressionally designated nonprofit resource center for missing and exploited children. The Federal Trade Commission enforces violations as unfair or deceptive acts or practices under a rule promulgated pursuant to section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), with all applicable FTC Act powers, penalties, privileges, and immunities.