On June 18, 2020, Senator Sherrod Brown (OH) launched a dialogue draft of a privateness invoice entitled the Information Accountability and Transparency Act of 2020 (“the Invoice”). The Invoice would supply people with a number of new rights concerning their private knowledge; implement guidelines limiting how private knowledge is collected, used or shared; and set up a brand new federal company referred to as the Information Accountability and Transparency Company to guard people’ privateness and implement these guidelines.
Particularly, the Invoice limits the gathering, utilization and sharing of non-public knowledge by “knowledge aggregators” to when it’s strictly needed to hold out certainly one of twelve “permissible functions,” and bans practices corresponding to focused promoting and commingling private knowledge from a number of purposes, companies, associates or unbiased enterprise traces. The Invoice would additionally:
forbid retention of non-public knowledge for any time longer than is strictly needed to hold out a permissible goal;
ban using facial recognition expertise in addition to the gathering, utilization or sharing of any private knowledge obtained from facial recognition expertise;
prohibit discriminatory makes use of of non-public knowledge;
require knowledge aggregators utilizing automated choice programs to conduct testing on bias and disparate influence in addition to threat assessments;
present people with the rights of entry, portability, transparency, deletion, accuracy and correction, in addition to the best to object to a claimed permissible goal and to human overview of automated selections;
implement an obligation of care requiring that knowledge aggregators implement and keep cheap safety practices and procedures;
require knowledge aggregators to determine complete privateness and knowledge safety insurance policies, practices and procedures; and
set up felony and civil penalties for CEOs and boards of administrators for sure violations of the Invoice.
The Information Accountability and Transparency Company can be headed by a Director who would serve a five-year time period and would shield people from unfair, misleading, abusive and discriminatory practices. It could be given broad rule-making authority and will establish particular practices that it deems unfair, misleading, abusive or discriminatory.
The Invoice may very well be enforced by state attorneys common and accommodates a non-public proper of motion for any violation of the act, beneath which any violation can be presumed to trigger privateness hurt and represent a concrete and particularized damage to the person. It could solely preempt legal guidelines that immediately battle with its provisions, and it particularly notes that legal guidelines providing larger protections than the Invoice wouldn’t be preempted.
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