(G) Web browsing history, history of usage 
of a software program (including a mobile ap-
plication), and the functional equivalents of ei-
ther. 
(13) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, the Com-
monwealth of the Northern Mariana Islands, any 
other territory or possession of the United States, 
and each federally recognized Indian Tribe. 
(14) USER.—The term ‘‘user’’ means, with re-
spect to a covered service, a person who— 
(A) is a current or former— 
(i) subscriber to the service; or 
(ii) holder of an account for the serv-
ice; 
(B) purchases the service without a sub-
scription or account; 
(C) is an applicant for the service; or 
(D) in the case of a service described in 
clause (iii) or (iv) of paragraph (4)(A), uses the 
service. 
(15) USER INFORMATION.—The term ‘‘user in-
formation’’ means any information that— 
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS
(A) a provider of a covered service acquires 
in connection with the provision of the service; 
and 
(B) is linked or reasonably linkable to an 
individual. 
SEC. 3. NOTICE OF PRIVACY POLICIES. 
(a) IN GENERAL.—A provider of a covered service 
shall provide a user of the service with clear and con-
spicuous notice of the privacy policies of the provider with 
respect to the service. 
(b) AVAILABILITY
TO PROSPECTIVE USERS.—The 
notice required by subsection (a) shall be made available 
to a prospective user of a covered service— 
(1) at the point of sale of, subscription to, or 
establishment of an account for the covered service, 
prior to that sale, subscription, or establishment, 
without regard to whether the point of sale, sub-
scription, or establishment is in person, online, over 
the telephone, or through another means; or 
(2) if there is no such sale, subscription, or es-
tablishment, before the user uses the service. 
(c) PERSISTENT AVAILABILITY.—The notice required 
by subsection (a) shall be made persistently available. 
(d) MATERIAL CHANGES.—A provider of a covered 
service shall provide a user of the service with clear and 
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS
conspicuous advance notice of any material change to the 
privacy policies of the provider with respect to the service. 
SEC. 4. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS 
BASED ON SENSITIVITY OF INFORMATION. 
(a) OPT-IN APPROVAL REQUIRED FOR SENSITIVE 
USER INFORMATION.—Except as provided in subsection 
(c), a provider of a covered service shall obtain opt-in ap-
proval from a user to use, disclose, or permit access to 
the sensitive user information of the user. 
(b) OPT-OUT APPROVAL REQUIRED FOR NON-SEN-
SITIVE USER INFORMATION.—Except as provided in sub-
section (c), a provider of a covered service— 
(1) shall obtain opt-out approval from a user to 
use, disclose, or permit access to any of the non-sen-
sitive user information of the user; or 
(2) if the provider so chooses, may comply with 
the requirement of paragraph (1) by obtaining opt- 
in approval from the user to use, disclose, or permit 
access to any of the non-sensitive user information 
of the user. 
(c) LIMITATIONS AND EXCEPTIONS.—A provider of 
a covered service may use, disclose, or permit access to 
user information without user approval for the following 
purposes: 
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS
(1) In providing the covered service from which 
the information is derived, or in providing services 
necessary to, or used in, the provision of the service. 
(2) To initiate, render, bill for, and collect for 
the covered service. 
(3) To protect the rights or property of the pro-
vider, or to protect users of the covered service and 
other service providers from fraudulent, abusive, or 
unlawful use of the service. 
(4) To provide location information or non-sen-
sitive user information— 
(A) to a public safety answering point, 
emergency medical service provider or emer-
gency dispatch provider, public safety, fire serv-
ice, or law enforcement official, or hospital 
emergency or trauma care facility, in order to 
respond to the request of the user for emer-
gency services; 
(B) to inform the legal guardian of the 
user, or members of the immediate family of 
the user, of the location of the user in an emer-
gency situation that involves the risk of death 
or serious physical harm; or 
(C) to providers of information or database 
management services solely for purposes of as-
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS
sisting in the delivery of emergency services in 
response to an emergency. 
(5) As otherwise required or authorized by law. 
(d) MECHANISM
FOR
EXERCISING
USER
AP-
PROVAL.— 
(1) IN GENERAL.—A provider of a covered serv-
ice shall make available a simple, easy-to-use mecha-
nism for a user to grant, deny, or withdraw opt-in 
approval or opt-out approval at any time. 
(2) FORM AND MANNER.—The mechanism re-
quired by paragraph (1) shall be— 
(A) clear and conspicuous; and 
(B) made available— 
(i) at no additional cost to the user; 
and 
(ii) in a language other than English, 
if the provider transacts business with the 
user in that other language. 
(3) EFFECT.—The grant, denial, or withdrawal 
of opt-in approval or opt-out approval by a user 
shall— 
(A) be given effect promptly; and 
(B) remain in effect until the user revokes 
or limits the grant, denial, or withdrawal of ap-
proval. 
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS
SEC. 5. SERVICE OFFERS CONDITIONED ON WAIVERS OF 
PRIVACY RIGHTS. 
A provider of a covered service may not— 
(1) condition, or effectively condition, provision 
of the service on agreement by a user to waive pri-
vacy rights guaranteed by law or regulation, includ-
ing this Act; or 
(2) terminate the service or otherwise refuse to 
provide the service as a direct or indirect con-
sequence of the refusal of a user to waive any pri-
vacy rights described in paragraph (1). 
SEC. 6. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 
(a) GENERAL APPLICATION.—The requirements of 
this Act apply, according to their terms, to— 
(1) those persons, partnerships, and corpora-
tions over which the Commission has authority pur-
suant to section 5(a)(2) of the Federal Trade Com-
mission Act (15 U.S.C. 45(a)(2)); and 
(2) providers of broadband internet access serv-
ice, notwithstanding the exception in such section 
5(a)(2) for common carriers subject to the Commu-
nications Act of 1934 (47 U.S.C. 151 et seq.). 
(b) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act shall be treated as an unfair or 
deceptive act or practice in or affecting commerce for pur-
VerDate Sep 11 2014 
04:14 Aug 05, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4659.IH
H4659
kjohnson on DSK79L0C42PROD with BILLS