Sec. 112. Data brokers
652 words·~3 min read·
/bill/118/hr/8818/ih/section-112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A data broker shall— establish and maintain a publicly available website; and place a clear and conspicuous, and not misleading, notice on such publicly available website, and any mobile application of the data broker, that— states that the entity is a data broker; states that an individual may exercise a right described in section 105 or 106, and includes a link or other tool to allow an individual to exercise such right; includes a link to the website described in subsection (c)(3); is reasonably accessible to and usable by individuals living with disabilities; and is provided in any language in which the data broker provides products or services.
A data broker may not— advertise or market access to, or the transfer of, covered data for the purposes of— stalking or harassing an individual; or engaging in fraud, identity theft, or unfair or deceptive acts or practices; or misrepresent the business practices of the data broker. Not later than January 31 of each calendar year that follows a calendar year during which an entity acted as a data broker with respect to more than 5,000 individuals or devices that identify or are linked or reasonably linkable to an individual, such entity shall register with the Commission in accordance with this subsection.
In registering with the Commission as required under paragraph (1), a data broker shall do the following: Pay to the Commission a registration fee of $100. Provide the Commission with the following information: The legal name and primary valid physical postal address, email address, and internet address of the data broker. A description of the categories of covered data the data broker collects, processes, retains, or transfers. The contact information of the data broker, including the name of a contact person, a human-monitored telephone number, a human-monitored e-mail address, a website, and a physical mailing address.
A link to a website through which an individual may easily exercise the rights described in sections 105 and 106. The Commission shall establish and maintain on a publicly available website a searchable list of data brokers that are registered with the Commission under this subsection. The registry established under subparagraph
(A)shall— allow members of the public to search for and identify data brokers; include the information required under paragraph (2)(B) for each data broker; include a mechanism by which an individual, including a parent acting on behalf of a child of the parent, may submit to all registered data brokers a Do Not Collect request that results in registered data brokers no longer collecting covered data related to such individual or child (as applicable) without the affirmative express consent of such individual; and include a mechanism by which an individual, including a parent acting on behalf of a child of the parent, may submit to all registered data brokers a Delete My Data request that results in registered data brokers deleting all covered data related to such individual or child (as applicable) that the data broker did not collect directly from such individual or when acting as a service provider. A data broker may not charge an individual a fee to exercise a right under this paragraph. Subject to subparagraph (B), each data broker that receives a request from an individual, including a parent acting on behalf of a child of the parent, using the mechanism established under paragraph (3)(B)(iii) or paragraph (3)(B)(iv) shall comply with such request not later than 30 days after the date on which the request is received by the data broker. A data broker may decline to fulfill a request from an individual, if— the data broker has actual knowledge that the individual has been convicted of a crime related to the abduction or sexual exploitation of a child; and the data collected by the data broker is necessary— to carry out a national or State-run sex offender registry; or for the National Center for Missing and Exploited Children.