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Code · BILL · 116th Congress · S. 3300 (Introduced in Senate) — To establish a Federal data protection agency, and for other purposes. · Sec. 6

Sec. 6. Purpose, objectives, and functions of the Agency

407 words·~2 min read·/bill/116/s/3300/is/section-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Agency shall seek to protect individuals' privacy and limit the collection, disclosure, processing, and misuse of individuals' personal data by covered entities, and is authorized to exercise its authorities under this Act for such purposes. The primary functions of the agency are— providing leadership and coordination to the efforts of all Federal departments and agencies to enforce all Federal statutes, Executive orders, regulations and policies which involve privacy or data protection; maximizing effort, promoting efficiency, and eliminating conflict, competition, duplication, and inconsistency among the operations, functions, and jurisdictions of Federal departments and agencies responsible for privacy or data protection, data protection rights and standards, and fair information practices and principles; providing active leadership, guidance, education, and appropriate assistance to private sector businesses, and organizations, groups, institutions, and individuals regarding privacy, data protection rights and standards, and fair information practices and principles; requiring and overseeing ex-ante impact assessments and ex-post outcomes audits of high-risk data practices by covered entities to advance fair and just data practices; examining the social, ethical, economic, and civil rights impacts of high-risk data practices and propose remedies; ensuring that privacy practices and processing are fair, just, and comply with fair information practices; ensuring fair contract terms in the market, including the prohibition of pay-for-privacy provisions and take-it-or leave it terms of service; promoting privacy enhancing techniques, such as privacy by design and data minimization techniques; collecting, researching, and responding to consumer complaints; initiating a formal public rulemaking process at the Agency before any new high-risk data practice or other related profiling technique can be implemented; reviewing and approving new high-risk techniques or applications, giving special consideration to minors and sensitive data uses; regulating consumer scoring and other business practices that pertain to the eligibility of an individual for rights, benefits, or privileges in employment (including hiring, firing, promotion, demotion, and compensation), credit and insurance (including denial of an application or obtaining less favorable terms), housing, education, professional certification, or the provision of health care and related services; developing model privacy, data protection, and fair information practices, standards, guidelines, policies, and routine uses for use by the private sector; issuing rules, orders, and guidance implementing Federal privacy law; upon written request, providing appropriate assistance to the private sector in implementing privacy, data protection, and fair information practices, principles, standards, guidelines, policies, or routine uses of privacy and data protection, and fair information; and enforce other privacy statutes and rules as authorized by Congress.
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