Sec. 16. Definitions
1,577 words·~7 min read·
/bill/119/hr/8413/ih/section-16A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term affiliate means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. In subparagraph (A), the terms control and controlled mean— ownership of, or the power to vote, more than 50 percent of the outstanding shares of any class of voting security of a company; control in any manner over the election of a majority of the directors or of individuals exercising similar functions; or the power to exercise controlling influence over the management of a company.
The term agency has the meaning given that term in section 551 of title 5, United States Code. The term authenticate means to verify through commercially reasonable means that the consumer, entitled to exercise the consumer rights described under section 2, is the same consumer that exercises such a consumer right with respect to the relevant personal data. The term biometric data — means data generated by automatic measurements of the biological characteristics of an individual, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics that is used to identify a specific individual; and does not include a physical or digital photograph, a video or audio recording (or data generated therefrom), or information collected, used, or stored for health care treatment, payment, or operations pursuant to HIPAA.
The terms business associate , covered entity , healthcare provider , and protected health information have the meanings given those terms in for purposes of regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act ( 42 U.S.C. 1320d–2 note). The term child means an individual who is under the age of 13. The term Commission means the Federal Trade Commission. The term consent — means a clear affirmative act that signifies the freely given, specific, informed, and unambiguous agreement by a consumer to process personal data relating to the consumer; and includes a written statement, including a statement written by electronic means, or any other unambiguous affirmative action.
The term consumer means— an individual that acts in an individual or household capacity; and does not include an individual that acts in a commercial or employment context. The term controller means a person that, alone or jointly with others, determines the purpose and means of processing personal data. The term covered nation has the meaning given that term in section 4872(f) of title 10, United States Code. The term data broker means a controller that meets the following— The controller collects and processes personal data concerning a consumer who is not: a customer or a client of the controller; or a user, reader, or subscriber of a product or service provided by the controller; and The controller derives 50 percent or more of annual gross revenue from the sale of such personal data.
The term data broker does not include a person acting as a processor. The term decision that has a legal or similarly significant effect means a decision made by a controller about a consumer to deny one of the following to the consumer: A healthcare service (as defined in part 318.2 of title 16, Code of Federal Regulations). A rental or lease of housing. An employment opportunity. The term deidentified data means data that cannot reasonably be linked to an identified or identifiable individual or a device linked to an individual.
The term health record means a record, other than for financial or billing purposes, relating to an individual, kept by a health care provider as a result of the professional relationship established between the health care provider and the individual. The term HIPAA means Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d et seq. ). The term identified or identifiable natural person means a person who can be readily identified, directly or indirectly.
The term institution of higher education has the meaning given that term in section 101 of Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. The term parent , with respect to a child or teen, means an adult with the legal right to make decisions on behalf of the child or teen, including— a natural parent; an adoptive parent; a legal guardian; and an individual with legal custody over the child or teen.
The term personal data — means any information that is linked or reasonably linkable to an identified or identifiable natural person; and does not include deidentified data or publicly available information. The term precise geolocation data — means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of a natural person with precision and accuracy within a radius of 1,750 feet; and does not include— the content of communications; or any data generated by or connected to advanced utility metering infrastructure systems or equipment for use by a utility.
The term process or processing means any operation or set of operations performed, whether by manual or automated means, on personal data or on sets of personal data, such as the collection, use, storage, disclosure, analysis, deletion, or modification of personal data. The term processor means a person that processes personal data on behalf of a controller. The term profiling means any form of processing that is solely automated and performed on personal data to evaluate, analyze, or predict personal aspects of the economic situation, health, personal preference, interest, reliability, behavior, location, or movement of an identified or identifiable consumer.
The term pseudonymous data means personal data that cannot be attributed to a specific individual without the use of additional information if the additional information is kept separately and is subject to appropriate administrative and technical measures to ensure that the personal data is not attributed to an identified or identifiable individual. The term publicly available information means information that is lawfully made available through Federal, State, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the public through widely distributed media, by the consumer, or by a person to whom the consumer has disclosed the information, unless the consumer has restricted the information to a specific audience.
The term sale of personal data — means the exchange of personal data for monetary consideration by the controller to another controller or to a governmental entity; and does not include— the disclosure of personal data to a processor that processes the personal data on behalf of the controller; the disclosure of personal data to another controller for the purposes of providing a product or service requested by the consumer; the disclosure or transfer of personal data to an affiliate of the controller; the disclosure of information that the consumer intentionally made available to the public; the disclosure or transfer of personal data to another controller as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the new controller assumes control of any of the assets of the previous controller; or the disclosure of personal data in the course of reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern.
The term Secretary means the Secretary of Commerce. The term sensitive data means a category of personal data that includes— personal data that discloses racial or ethnic origin, religious belief, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; genetic or biometric data that is processed for the purpose of uniquely identifying a specific individual; personal data collected from a child or teen; and precise geolocation data. The term State means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.
The term targeted advertising — means to display an advertisement to a consumer in which the advertisement is selected based on personal data obtained from the activities of that consumer over time and across nonaffiliated websites or online applications to predict the preferences or interests of that consumer; and does not include— an advertisement based on activities within the website or online application of a controller; an advertisement based on the context of a current search query, visit to a website, or online application of a consumer; an advertisement directed to a consumer in response to the request for information or feedback by the consumer; or processing personal data processed solely for measuring or reporting advertising or content performance, reach, or frequency, including independent measurement.
The term teen means an individual who is the age of 13 or over and under the age of 16. The term trade secret has the meaning given that term in section 1839 of title 18, United States Code. The term verifiable consent means any reasonable effort (taking into consideration available technology) by a controller, including a request for authorization for future processing of personal data, to ensure that the parent of a teen— receives direct notice of the processing practices of the controller with respect to personal data; and before the personal data of the teen is collected, freely and unambiguously authorizes— the processing of the personal data; and any subsequent use of the personal data.
Connectionstraces to 2
Traces to 2 documents
1 reference not yet in our index
- 42 USC 1320d–2
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources