Sec. 2. Definitions
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/bill/117/s/3065/is/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term collect means taking any operation or set of operations to obtain covered data, including by automated means, including purchasing, leasing, assembling, recording, gathering, acquiring, or procuring. The term Commission means the Federal Trade Commission. The term covered data — means any information that is— collected, processed, stored, or disclosed by a covered entity; collected over the internet or other digital network; and linked to an individual or device associated with an individual; or practicably linkable to an individual or device associated with an individual, including by combination with separate information, by the covered entity or any potential recipient of the data; and does not include data that is— collected, processed, stored, or disclosed solely for the purpose of employment of an individual; or lawfully made available to the public from Federal, State, or local government records.
The term covered entity — means any entity that collects, processes, stores, or discloses covered data; and does not include any entity that collects, processes, stores, or discloses covered data relating to fewer than 50,000 individuals and devices during any 12-month period. The term disclose means taking any action with respect to covered data, including by automated means, to sell, share, provide, or otherwise transfer covered data to another entity, person, or the general public.
The term privacy enhancing technology — means any software solution, technical processes, or other technological means of enhancing the privacy and confidentiality of an individual’s covered data in data or sets of data; and includes anonymization and pseudonymization techniques, filtering tools, anti-tracking technology, differential privacy tools, synthetic data, and secure multi-party computation. The term privacy risk means potential harm to an individual resulting from the collection, processing, storage, or disclosure of covered data, including— direct or indirect financial loss; stigmatization or reputational harm; anxiety, embarrassment, fear, and other severe emotional trauma; loss of economic opportunity; or physical harm.
The term process means any operation or set of operations that is performed on covered data or on sets of covered data, including by automated means, including organizing, combining, adapting, altering, using, or transforming. The term protected characteristic means an individual’s race, sex, gender, sexual orientation, nationality, religious belief, age, or disability status. The term pseudonymous data means covered data that may only be linked to the identity of an individual or the identity of a device associated with an individual if combined with separate information.
The term reasonable interest means— a compelling business, operational, administrative, legal, or educational justification for the collection, processing, storage, or disclosure of covered data exists; and the interest does not subject the individual linked to the covered data to an unreasonable privacy risk. The term sensitive data means any covered data relating to— the health, biologic, physiologic, biometric, sexual life, or genetic information of an individual; or the precise geolocation information of a device associated with an individual.
The term store means any operation or set of operations to continue possession of covered data, including by automated means. The term third party service provider means any covered entity that collects, processes, stores, or discloses covered data at the direction of, and for the sole benefit of, another covered entity under a contract. If the Commission determines that a term defined in paragraph
(10)or
(12)is not sufficient to protect an individual’s data privacy, the Commission may promulgate regulations under section 553 of title 5, United States Code, to modify the definition as the Commission considers appropriate.