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Code · BILL · 116th Congress · S. 4626 (Introduced in Senate) — To establish data privacy and data security protections for consumers in the United States. · Sec. 401

Sec. 401. Enforcement by the Federal Trade Commission

681 words·~3 min read·/bill/116/s/4626/is/section-401

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A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). Except as provided in paragraphs
(3)and (4), the Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). The Commission shall not bring any action to enforce the prohibition in section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) on unfair or deceptive acts or practices with respect to the privacy or security of covered data, unless such action is consistent with this Act. Except as provided in paragraph (1), nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law, or to limit the Commission’s authority to bring actions under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) relating to unfair or deceptive acts or practices to enforce the provisions of this Act and regulations promulgated thereunder, including to ensure that privacy policies required under section 102 are truthful and non-misleading. Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act and the regulations promulgated under this Act, in the same manner provided in paragraphs
(1)and
(2)of this subsection, with respect to— common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto; and organizations not organized to carry on business for their own profit or that of their members. There is established in the Treasury of the United States a separate fund to be known as the Data Privacy and Security Victims Relief Fund (referred to in this paragraph as the Victims Relief Fund ). The Commission shall deposit into the Victims Relief Fund the amount of any civil penalty obtained against any covered entity in any action the Commission commences to enforce this Act or a regulation promulgated under this Act. The Attorney General of the United States shall deposit into the Victims Relief Fund the amount of any civil penalty obtained against any covered entity in any action the Attorney General commences on behalf of the Commission to enforce this Act or a regulation promulgated under this Act. Amounts in the Victims Relief Fund shall be available to the Commission, without fiscal year limitation, to provide redress, payments or compensation, or other monetary relief to individuals affected by an act or practice for which civil penalties have been imposed under this Act. To the extent that individuals cannot be located or such redress, payments or compensation, or other monetary relief are otherwise not practicable, the Commission may use such funds for the purpose of consumer or business education relating to data privacy and security or for the purpose of engaging in technological research that the Commission considers necessary to enforce this Act. Notwithstanding any other provision of law, amounts in the Victims Relief Fund shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or under any other authority. There are authorized to be appropriated to the Commission $100,000,000 to carry out this Act. This section shall not apply to a violation of section 206 or a regulation promulgated under such section, and such section shall be enforced under subsection
(d)of such section.
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Sec. 401
Enforcement by the Federal Trade Commission
U.S.C.§ 57a
U.S.C.§ 41
U.S.C.§ 45
U.S.C.§ 44
U.S.C.§ 151
Cites 5Cited by 0 across 0 sources
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