Sec. 204. Right to consent and object
366 words·~2 min read·
/bill/117/hr/8152/rh/section-204·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall provide an individual with a clear and conspicuous, easy-to-execute means to withdraw any affirmative express consent previously provided by the individual that is as easy to execute by a reasonable individual as the means to provide consent, with respect to the processing or transfer of the covered data of the individual. A covered entity— may not transfer or direct the transfer of the covered data of an individual to a third party if the individual objects to the transfer; and shall allow an individual to object to such a transfer through an opt-out mechanism, as described in section 210.
Except as provided in section 206(b)(3)(C), a covered entity need not allow an individual to opt out of the collection, processing, or transfer of covered data made pursuant to the exceptions in paragraphs
(1)through
(15)of section 101(b). A covered entity or service provider that directly delivers a targeted advertisement shall— prior to engaging in targeted advertising to an individual or device and at all times thereafter, provide such individual with a clear and conspicuous means to opt out of targeted advertising; abide by any opt-out designation by an individual with respect to targeted advertising and notify the covered entity that directed the service provider to deliver the targeted advertisement of the opt-out decision; and allow an individual to make an opt-out designation with respect to targeted advertising through an opt-out mechanism, as described in section 210. A covered entity or service provider that receives an opt-out notification pursuant to paragraph (1)(B) or this paragraph shall abide by such opt-out designations by an individual and notify any other person that directed the covered entity or service provider to serve, deliver, or otherwise handle the advertisement of the opt-out decision. A covered entity may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of any individual right under this section through— the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise any such right.