Sec. 2. Definitions
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/bill/116/hr/5703/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1302 of the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended— in paragraph (1)— by inserting or after children child ; and by inserting or individuals, respectively, after individual ; by striking paragraph (10); by redesignating paragraphs
(2)through
(9)as paragraphs
(3)through (10), respectively; inserting after paragraph
(1)the following: The term young consumer means an individual over the age of 12 and under the age of 18. ; by amending paragraph
(3)(as so redesignated) to read as follows: The term covered entity means— any organization, corporation, trust, partnership, sole proprietorship, unincorporated association, or venture over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), common carriers; and notwithstanding sections 4 and 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 and 45(a)(2)), any nonprofit organization, including any organization described in section 501(c) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. ; by amending paragraph
(5)(as so redesignated) to read as follows: The term disclose means to intentionally or unintentionally release, transfer, sell, disseminate, share, publish, lease, license, make available, allow access to, fail to restrict access to, or otherwise communicate covered information. ; by amending paragraph
(9)(as so redesignated) to read as follows: The term covered information — means any information, linked or reasonably linkable to a specific young consumer or child, or consumer device of a young consumer or child; may include— a name, alias, home or other physical address, online identifier, Internet Protocol address, email address, account name, Social Security number, physical characteristics or description, telephone number, State identification card number, driver’s license number, where applicable, passport number, or other similar identifier; race, religion, sex, sexual orientation, sexual behavior, familial status, gender identity, disability, age, political affiliation, or national origin; commercial information, including records relating to personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; biometric information; Internet or other electronic network activity information, including browsing history, search history, and information regarding a young consumer’s or child’s interaction with an Internet website, application, or advertisement; geolocation information; audio, electronic, visual, thermal, olfactory, or similar information; education information; health information; facial recognition information; contents of and parties to information, including with respect to electronic mail, text messages, picture messages, voicemails, audio conversations, and video conversations; financial information, including bank account numbers, credit card numbers, debit card numbers, or insurance policy numbers, where applicable; inferences drawn from any of the information described in this paragraph to create a profile about a young consumer or child reflecting the young consumer’s or child’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and does not include— information that is processed solely for the purpose of employment of a young consumer; de-identified information. ; by amending paragraph
(10)(as so redesignated) to read as follows: The term verifiable consent means express, affirmative consent freely given by a young consumer, or by the parent of a child, to the processing of covered information of that young consumer or child, respectively— that is specific, informed, and unambiguous; that is given separately for each process of specific types of covered information; where the young consumer or parent of a child, as applicable, has not received any financial or other incentive in exchange for such consent; and that is given before any processing occurs, at a time and in a context in which the young consumer or parent of a child, as applicable, would reasonably expect to make choices concerning such processing. ; by redesignating paragraphs
(11)and
(12)as paragraphs
(12)and (13), respectively; and by adding at the end the following: The term process means any operation or set of operations which is performed on covered information, whether or not by automated means, including collecting, creating, acquiring, disclosing, recording, deriving, inferring, obtaining, assembling, organizing, structuring, storing, retaining, adapting or altering, using, or retrieving covered information. The term de-identified information means information that has been de-identified by a covered entity, where the covered entity publicly discloses the methods it uses to de-identify information. The term de-identify means the removal of identifying information from information such that the information is not reasonably linkable to a specific young consumer or child or consumer device of a young consumer or child. The term re-identify means to link information that has been de-identified to a specific young consumer or child or consumer device of a young consumer or child. The term State means each of the several States, the District of Columbia, each territory of the United States, and each federally recognized Indian Tribe. The term service provider means a covered entity that processes covered information at the direction of, and for the sole benefit of, another covered entity, and— is contractually or legally prohibited from processing such covered information for any other purpose; and complies with all of the requirements of this Act. .
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