```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5282 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5282

To restrict car manufacturers and other companies from selling consumer 
 car-related data, increase transparency regarding data practices, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mr. Merkley (for himself and Ms. Warren) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To restrict car manufacturers and other companies from selling consumer 
 car-related data, increase transparency regarding data practices, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Car Privacy Rights Act of 2024''.

SEC. 2. RESTRICTING THE SHARING OR SELLING OF CONSUMER CAR-RELATED 
              DATA.

    (a) In General.--Subject to subsections (b) and (c), it shall be 
unlawful for a covered entity to share or sell any consumer car-related 
data of a consumer unless--
            (1) the covered entity provides the consumer--
                    (A) a notice that--
                            (i) the covered entity intends to share or 
                        sell such data;
                            (ii) is provided in a clear and conspicuous 
                        standalone disclosure that describes each 
                        instance the covered entity plans to share or 
                        sell such data;
                            (iii) states for each specific category of 
                        such data if the covered entity is sharing or 
                        selling such data in order to provide a service 
                        requested by the consumer or for another 
                        purpose;
                            (iv) is written in easy-to-understand 
                        language;
                            (v) is provided by a means that would be 
                        reasonably anticipated by the consumer given 
                        the relationship between the consumer and the 
                        covered entity; and
                            (vi) is accessible to persons with 
                        disabilities; and
                    (B) an opportunity to explicitly grant affirmative 
                express consent to allow the covered entity to share or 
                sell such data; and
            (2) the consumer explicitly grants such affirmative express 
        consent.
    (b) Revocation of Consent.--If a consumer grants affirmative 
express consent to allow a covered entity to share or sell the data of 
such consumer pursuant to subsection (a)(2), the covered entity shall 
allow such consumer to easily revoke such consent directly through the 
website of the covered entity, or application of the covered entity, or 
through direct mail.
    (c) Exception.--Subsection (a) shall not apply to any data a 
covered entity shares with the National Highway Traffic Safety 
Administration.

SEC. 3. REPORTING OF CONSUMER DATA PRIVACY PRACTICES.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act and annually thereafter, each car manufacturer 
and motor vehicle insurance company shall submit a report to the 
Commission regarding their consumer data privacy practices, including 
any consumer car-related data that are being collected, the purpose 
behind such data being collected, what entities are being shared or 
sold such data, and an overview of their data sharing practices.
    (b) FTC Report.--Not later than 180 days after the date described 
in subsection (a) and annually thereafter, the Commission shall submit 
to Congress and publish on the website of the Commission a report 
containing a summary of the information described in subsection (a).

SEC. 4. GUIDANCE OR RULEMAKING REGARDING CAR MANUFACTURERS ADDRESSING 
              DOMESTIC VIOLENCE ISSUES RELATED TO THEIR APPLICATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Commission, in consultation with the Federal Communications 
Commission and the National Highway Traffic Safety Administration, 
shall issue guidance or promulgate regulations regarding how car 
manufacturers can address domestic violence issues related to any 
application of a car manufacturer that has the capability to determine 
the precise geolocation of an individual, consumer car, or device.

SEC. 5. ENFORCEMENT.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
or a regulation promulgated under this Act shall be treated as a 
violation of a rule defining an unfair or deceptive act or practice 
under section 18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)).
    (b) Powers of the Commission.--
            (1) In general.--The Commission shall enforce this Act in 
        the same manner, by the same means, and with the same 
        jurisdiction, powers, and duties as though all applicable terms 
        and provisions of the Federal Trade Commission Act (15 U.S.C. 
        41 et seq.) were incorporated into and made a part of this Act.
            (2) Privileges and immunities.--Any person who violates 
        this Act or a regulation promulgated under this Act shall be 
        subject to the penalties and entitled to the privileges and 
        immunities provided in the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.).
            (3) Authority preserved.--Nothing in this section shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
            (4) Rulemaking.--The Commission shall promulgate in 
        accordance with section 553 of title 5, United States Code, 
        such rules as may be necessary to carry out this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Affirmative express consent.--The term ``affirmative 
        express consent'' means an affirmative act by a consumer that--
                    (A) clearly communicates the authorization of the 
                consumer for an act or practice;
                    (B) is provided in response to a notice that meets 
                the requirements of section 2(a)(1)(A); and
                    (C) is not--
                            (i) acceptance of general or broad terms of 
                        service or a similar document;
                            (ii) accomplished by hovering over, muting, 
                        pausing, or closing a given piece of content; 
                        or
                            (iii) acceptance of an agreement obtained 
                        through the use of false, fraudulent, or 
                        materially misleading means.
            (2) Application.--The term ``application'' means a software 
        program that runs on the operating system of a device.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Consumer.--The term ``consumer'' means an individual 
        who is a citizen or resident of, or located in, the United 
        States.
            (5) Consumer car.--The term ``consumer car'' means a motor 
        vehicle, as defined in section 30102 of title 49, United States 
        Code, that is owned, leased, or operated by a consumer, but 
        excluding any motor vehicle owned, leased, or operated in a 
        commercial or employment context.
            (6) Consumer car-related data.--The term ``consumer car-
        related data'' means any information, including derived data 
        and unique identifiers, that is--
                    (A) linked or reasonably linkable, alone or in 
                combination with other information, to an identified or 
                identifiable individual or a device; and
                    (B) collected or derived from and describes the 
                historic operation, condition, status, or precise 
                geolocation of a consumer car or its occupants.
            (7) Covered entity.--The term ``covered entity'' means any 
        person that collects the consumer car-related data of an 
        individual, including car manufacturers, insurance companies, 
        and companies that collect such data through digital 
        applications.
            (8) Device.--The term ``device'' means any electronic 
        equipment capable of collecting, processing, retaining, or 
        transferring consumer car-related data, including such devices 
        equipped on a consumer car.
            (9) Precise geolocation.--The term ``precise geolocation'' 
        means information that reveals the past or present physical 
        location of an individual, consumer car, or device with 
        sufficient precision to identify--
                    (A) street-level location information of such 
                individual, consumer car, or device; or
                    (B) the location of such individual, consumer car, 
                or device within a range of 1,850 feet or less.
                                 <all>
```