H.R. 5696 · 117th Congress
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act
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Never voted on. It didn't reach a floor vote before the 117th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
JacobsSponsor2 cosponsors · 1 D, 1 R
2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act
What it does: CRS summary · Introduced in House · Oct 22, 2021
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act
This bill generally prohibits collecting, transmitting, disclosing, or otherwise using data from a camera or microphone of an internet-connected device.
A device manufacturer or software application developer may not use such data unless the use is (1) reasonably required for the device's functionality, and (2) limited to instances when the individual is actively operating the device. For voice-activated functionality, the bill also prohibits data use before the functionality is activated. Additionally, individuals must expressly and affirmatively consent to data use and may revoke this consent.
To obtain consent, manufacturers and developers must provide individuals with a brief notice that describes the data use and meets other requirements. They must also maintain a separate privacy policy that details how the entity specifically uses data from a device's camera or microphone.
The Federal Trade Commission (FTC) must (1) issue guidance and sample language for brief notices, and (2) enforce the bill's prohibitions as an unfair or deceptive act or practice.
The bill provides a safe harbor from such enforcement if a manufacturer or developer obtains FTC approval for the requisite brief notice and privacy policy.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act
Also known as: PRIVATE Act
Latest action (Oct 25, 2021): Referred to the Subcommittee on Consumer Protection and Commerce.
Policy area: Science, Technology, Communications · Origin: House · Introduced: Oct 22, 2021
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.