Digital Privacy Act of 202X
A Bill to Protect American Consumers’ Online and Digital Data Rights, Enhance Corporate Accountability, and Promote Transparency in Data Collection and Use
Section 1. Short title; table of contents
This Act may be cited as the “Digital Privacy Act of 202X” (hereafter referred to as the “Act”). The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Consumer rights and data protection standards.
Sec. 5. Data collection, use, and sharing requirements.
Sec. 6. Personal data security and encryption standards.
Sec. 7. Machine learning and AI algorithm restrictions.
Sec. 8. Anonymization and deletion of personal data.
Sec. 9. Limitations on government access to consumer data.
Sec. 10. Enforcement and penalties.
Section 2. Purpose
The purpose of this Act is to establish comprehensive digital privacy laws in the United States, providing consumers with rights to their online and digital data, making personal data more secure, and promoting transparency in data collection and use.
Section 3. Definitions
For the purposes of this Act, the following definitions apply:
Personal data:
- Location data (including GPS coordinates)
- Biometric data ( including voice, facial, genectic, etc)
- Search quieres
- Health data
- Email content
- Phone numbers
- Addresses (including physical and mailing addresses)
- Social security numbers
- Driver’s license numbers
- Financial information (including bank account numbers, credit card numbers, etc.)
- Employment data (including job titles, work history, etc.)
Data controller:
Any entity or organization that collects, stores, or uses personal data.
Data processor:
Any entity or organization that processes personal data on behalf of a data controller.
Section 4. Consumer rights and data protection standards
This Act affirms the following consumer rights:
- Right to transparency: Data controllers must clearly disclose how they collect, use, and share personal data.
- Right to consent: Consumers must provide explicit consent before their personal data is collected or shared with third parties.
- Right to access: Consumers have the right to access their personal data held by data controllers.
- Right to correction: Consumers have the right to correct any inaccuracies in their personal data.
- Right to deletion: Consumers have the right to delete their personal data, subject to any applicable retention periods.
- Right to portability: Consumers have the right to transfer their personal data to other data controllers or processors.
- Right to objection: Consumers have the right to object to processing of their personal data for direct marketing purposes.
Section 5. Data collection and use requirements
- Data minimization: Data controllers must only collect and store the minimum amount of personal data necessary to achieve their purposes.
- Purpose limitation: Data controllers must specify the purpose for which they collect personal data.
- Data retention: Data controllers must retain personal data for no longer than necessary, subject to any applicable statutory or regulatory requirements.
Section 6. Personal data security and encryption standards
- Security by design: Data controllers must implement appropriate technical and organizational measures to ensure the security of personal data.
- Data protection officer (DPO): Data controllers must appoint a DPO, who will oversee compliance with this Act and ensure effective implementation of data protection measures.
- Regular audits: Data controllers must conduct regular audits to assess compliance with this Act.
Section 7. Machine learning and AI algorithm restrictions
- Transparency requirements: Data controllers must disclose information about their use of machine learning and AI algorithms, including details on their processing practices and procedures.
- Data profiling prohibition: Data controllers are prohibited from using personal data for automated decision-making without explicit consent.
Section 8. Anonymization and deletion
- Anonymization requirement: Data controllers must anonymize personal data as soon as possible after no longer necessary for the purpose it was collected.
- Data destruction: Data controllers are required to destroy or erase personal data in a secure manner when it is no longer required.
Section 9. Limitations on government access
- Limitation on access: Government agencies must limit their access to personal data and ensure that all processing is necessary for the execution of a task.
- Data subject rights: Individuals are entitled to exercise their rights under this Act when it comes to government agencies.
Section 10. Enforcement and penalties
- Federal Trade Commission (FTC): The FTC must be given authority to conduct investigations, audits, and impose penalties on data controllers that do not comply with the provisions of this Act.
- Civil enforcement: Individuals have the right to seek civil remedies in court for non-compliance.
- Punitive damages: Data controllers who are found guilty may be subject to punitive damages.