Sec. 106. Opt-out rights and universal mechanisms
588 words·~3 min read·
/bill/118/hr/8818/ih/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity shall provide to an individual the following opt-out rights with respect to the covered data of the individual: A covered entity— shall provide an individual with a clear and conspicuous means to opt out of the transfer of the covered data of the individual to a third party; upon establishment of an opt out mechanism that meets the requirements and technical specifications promulgated under subsection (b), shall allow an individual to make an opt-out designation pursuant to subparagraph
(A)through the opt out mechanism; shall abide by an opt-out designation made pursuant to subparagraph
(A)and communicate such designation to all relevant service providers and third parties; and except as provided in subsection
(b)or (c)(4) of section 102, paragraph
(3)or
(4)of section 112(c), or section 120(b), need not allow an individual to opt out of a transfer of covered data made pursuant to a permissible purpose described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), or
(14)of section 102(d). A covered entity that engages in targeted advertising shall— provide an individual with a clear and conspicuous means to opt out of the processing and transfer of covered data of the individual in furtherance of targeted advertising; upon establishment of an opt out mechanism that meets the requirements and technical specifications promulgated under subsection (b), allow an individual to make an opt-out designation with respect to targeted advertising through the opt-out mechanism; and abide by any such opt-out designation made by an individual and communicate such designation to all relevant service providers and third parties. Not later than 2 years after the date of the enactment of this Act, the Commission shall, in consultation with the Secretary of Commerce, promulgate regulations, in accordance with section 553 of title 5, United States Code, to establish requirements and technical specifications for 1 or more opt-out mechanisms (including global privacy signals, such as browser or device privacy settings) for individuals to exercise the opt-out rights established under this title through a single interface that— ensures that the opt-out preference signal— is clearly described, and easy-to-use by a reasonable individual; does not require that an individual provide additional information beyond what is necessary to indicate such preference; clearly represents the preference of an individual; is provided— in the 10 most-used languages in which a covered entity provides products or services subject to the opt-out; or if the covered entity provides products or services subject to the opt-out in fewer than 10 languages, in the languages in which the covered entity provides such products or services; and is provided in a manner that is reasonably accessible to and usable by individuals living with disabilities; provides a mechanism for an individual to selectively opt out of the collection, processing, retention, or transfer of covered data by a covered entity, without affecting the preferences of the individual with respect to other entities or disabling the opt-out preference signal globally; states that, in the case of a page or setting view that the individual accesses to set the opt-out preference signal, the individual should see up to 2 choices, corresponding to the rights established under subsection (a); and ensures that the opt-out preference signal will be registered and set only by the individual or by another individual who is a natural person on behalf of the individual. A covered entity shall abide by any designation made by an individual through any mechanism that meets the requirements and technical specifications promulgated under paragraph (1).