I 
117TH CONGRESS 
1ST SESSION H. R. 5696 
To provide for certain requirements for the collection, transmission, proc-
essing, or disclosure of camera or microphone data by the manufacturer 
of an internet-connected device or developer of an application installed 
on such a device, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 22, 2021 
Mr. JACOBS of New York (for himself, Mr. CASE, and Mr. RUTHERFORD) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To provide for certain requirements for the collection, trans-
mission, processing, or disclosure of camera or micro-
phone data by the manufacturer of an internet-connected 
device or developer of an application installed on such 
a device, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Prevent Recording of 
Individuals with Video and Audio Technologies when not 
Enabled Act’’ or the ‘‘PRIVATE Act’’. 
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SEC. 2. TREATMENT OF CAMERA AND MICROPHONE DATA 
BY INTERNET-CONNECTED DEVICES AND AP-
PLICATIONS. 
(a) PROHIBITION.— 
(1) IN GENERAL.—A covered entity may not 
collect any data using the camera or microphone of 
a covered device of an individual, cause any data so 
collected to be transmitted from the device, or proc-
ess or disclose to another person any data so col-
lected, unless— 
(A) the collection, transmission, proc-
essing, or disclosure is consistent with reason-
able consumer expectations within the context 
of the interaction between the covered entity 
and the individual; or 
(B) the covered entity obtains the express, 
affirmative consent of the individual to the col-
lection, transmission, processing, or disclosure 
in the manner required by subsection (b). 
(2) REASONABLE CONSUMER EXPECTATIONS.— 
For purposes of paragraph (1)(A), the collection, 
transmission, processing, or disclosure of data is not 
consistent with reasonable consumer expectations 
if— 
(A) the collection, transmission, proc-
essing, or disclosure is not reasonably required 
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for the functionality of the covered device man-
ufactured by the covered entity or the covered 
application developed by the covered entity (as 
the case may be); or 
(B) the data is collected, transmitted, or 
processed (regardless of whether the processing 
occurs on the covered device or on the systems 
of the covered entity) when the individual is not 
actively using the covered device or covered ap-
plication (as the case may be). 
(b) REQUIREMENTS FOR OBTAINING EXPRESS, AF-
FIRMATIVE CONSENT.— 
(1) IN GENERAL.—To obtain the express, af-
firmative consent of an individual to the collection of 
data using the camera or microphone of a covered 
device of the individual, the causing of any data so 
collected to be transmitted from the device, or the 
processing or disclosure to another person of any 
data so collected, a covered entity shall— 
(A) provide to the individual a brief notice 
of the collection, transmission, processing, or 
disclosure that meets the requirements of para-
graph (2); and 
(B) obtain an affirmative response from 
the individual indicating that the individual 
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consents to the collection, transmission, proc-
essing, or disclosure. 
(2) BRIEF NOTICE.—The brief notice required 
by paragraph (1)(A) shall— 
(A) briefly describe the collection, trans-
mission, processing, or disclosure for which con-
sent is sought; 
(B) be provided in a conspicuous manner; 
(C) be separate from any other privacy 
policy or terms or conditions relating to the cov-
ered device or covered application; 
(D) be in plain language; 
(E) be provided— 
(i) in the case of a covered device that 
has a screen (or a covered application in-
stalled on a covered device that has a 
screen)— 
(I) in the form of text displayed 
on the screen; and 
(II) if the individual so chooses, 
in spoken form; and 
(ii) in the case of a covered device 
that does not have a screen (or a covered 
application installed on a covered device 
that does not have a screen)— 
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(I) in spoken form; and 
(II) if the individual so chooses, 
in an alternative form that is acces-
sible to individuals with a hearing im-
pairment; and 
(F) clearly and conspicuously direct the in-
dividual to a website on which the individual 
may access the privacy policy required by para-
graph (3). 
(3) PRIVACY POLICY FOR CAMERA AND MICRO-
PHONE DATA.—A covered entity that collects any 
data using the camera or microphone of a covered 
device of an individual, causes any data so collected 
to be transmitted from the device, or processes or 
discloses to another person any data so collected, 
shall maintain on a publicly available website a pri-
vacy policy that describes in detail, but using plain 
language, the collection, transmission, processing, or 
disclosure, including the purposes of the collection, 
transmission, processing, or disclosure. The privacy 
policy shall be separate from any other privacy pol-
icy or terms or conditions relating to the covered de-
vice or covered application and shall be displayed in 
a conspicuous manner on the website. 
(c) VOICE-ACTIVATED FUNCTIONALITY.— 
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entity obtains the express, affirmative consent 
of the individual to the collection, transmission, 
processing, or disclosure. 
(2) REQUIREMENTS.—The express, affirmative 
consent required by paragraph (1) shall be obtained 
in the manner required by subsection (b), except 
that the brief notice required by subparagraph (A) 
of paragraph (1) of such subsection and the affirma-
tive response required by subparagraph (B) of such 
paragraph shall be specific to the collection, trans-
mission, processing, or disclosure of data in connec-
tion with the voice-activated functionality and sepa-
rate from the notice provided and response obtained 
under such subparagraphs with respect to the collec-
tion, transmission, processing, or disclosure of data 
not in connection with such functionality. 
(d) STATUS OF CONSENT; REVOCATION.—A covered 
entity shall provide a convenient means, on the covered 
device manufactured by the covered entity or within the 
covered application developed by the covered entity (as the 
case may be), for an individual— 
(1) to revoke any consent provided under this 
section to the collection, transmission, processing, or 
disclosure of data; and 
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(2) to view whether the individual has provided 
or revoked any such consent. 
(e) FEDERAL TRADE COMMISSION GUIDANCE; SAFE 
HARBOR.— 
(1) GUIDANCE.—The Commission shall issue 
guidance containing examples of language for the 
brief notice required by subsection (b)(1)(A) (includ-
ing text and spoken versions) and the privacy policy 
required by subsection (b)(3). 
(2) SAFE HARBOR.— 
(A) SUBMISSION OF BRIEF NOTICE OR PRI-
VACY POLICY TO COMMISSION.—A covered enti-
ty may submit to the Commission for approval 
a brief notice that the covered entity intends to 
use to comply with subsection (b)(1)(A) or a 
privacy policy that the covered entity intends to 
use to comply with subsection (b)(3) with re-
spect to the collection, transmission, processing, 
or disclosure of data. The covered entity shall 
include with the submission such information as 
the Commission may require about the collec-
tion, transmission, processing, or disclosure, as 
the Commission considers necessary to evaluate 
the adequacy of the brief notice or privacy pol-
icy. 
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(B) APPROVAL OR REJECTION.—Not later 
than 120 days after receiving a brief notice or 
privacy policy from a covered entity under sub-
paragraph (A), the Commission shall approve or 
reject the brief notice or privacy policy and in-
form the covered entity of the approval or rejec-
tion. 
(C) EFFECT.—If the Commission approves 
a brief notice or privacy policy under subpara-
graph (B), the brief notice or privacy policy 
shall be considered to meet the requirements of 
subsection (b)(1)(A) or (b)(3), respectively, with 
respect to the collection, transmission, proc-
essing, or disclosure of data to which the brief 
notice or privacy policy relates, to the extent 
the covered entity conducts the collection, 
transmission, processing, or disclosure in a 
manner that is consistent in all material re-
spects with the information provided to the 
Commission under subparagraph (A). 
(f) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this section or a regulation 
promulgated under this section shall be treated as a 
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violation of a regulation under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce this section and the regulations 
promulgated under this section 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 section. Any person who violates 
this section or a regulation promulgated under this 
section shall be subject to the penalties and entitled 
to the privileges and immunities provided in the 
Federal Trade Commission Act. 
(g) RULEMAKING.—The Commission may promul-
gate regulations under section 553 of title 5, United 
States Code, to implement this section. 
(h) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED APPLICATION.—The term ‘‘cov-
ered application’’ means a software application that 
is designed to be installed on a covered device. 
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(3) COVERED DEVICE.—The term ‘‘covered de-
vice’’ means a device that— 
(A) is capable of connecting to the inter-
net, either directly or indirectly through a net-
work; 
(B) has computer processing capabilities 
for collecting, transmitting, or otherwise proc-
essing data; and 
(C) has a camera or microphone. 
(4) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means— 
(A) a manufacturer of a covered device; 
and 
(B) a developer of a covered application. 
(5) VOICE-ACTIVATED
FUNCTIONALITY.—The 
term 
‘‘voice-activated 
functionality’’ 
means 
a 
functionality of a covered device or covered applica-
tion that— 
(A) allows an individual to control the cov-
ered device or covered application using voice 
commands; and 
(B) uses the microphone of the covered de-
vice being controlled, or the microphone of the 
covered device on which the covered application 
being controlled is installed, to listen for such 
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commands when the individual is not actively 
using the covered device or covered application, 
respectively. 
Æ 
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