S.668 - Data Broker Accountability and Transparency Act of 2015114th Congress (2015-2016)
|Sponsor:||Sen. Markey, Edward J. [D-MA] (Introduced 03/04/2015)|
|Committees:||Senate - Commerce, Science, and Transportation|
|Latest Action:||Senate - 03/04/2015 Read twice and referred to the Committee on Commerce, Science, and Transportation. (All Actions)|
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Summary: S.668 — 114th Congress (2015-2016)All Information (Except Text)
Introduced in Senate (03/04/2015)
Data Broker Accountability and Transparency Act of 2015
Prohibits data brokers from obtaining or causing to be disclosed personal information or any other information relating to any person by making a false, fictitious, or fraudulent statement or representation, including by providing any document that the broker knows or should know to: (1) be forged, counterfeit, lost, stolen, or fraudulently obtained; or (2) contain a false, fictitious, or fraudulent statement or representation.
Defines "data broker" as a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell or provide third party access to the information. Allows the Federal Trade Commission (FTC) to exempt certain data brokers from this Act.
Requires data brokers to establish procedures to ensure the accuracy of: (1) the personal information they collect, assemble, or maintain; and (2) any other information that specifically identifies an individual, unless the information only identifies an individual's name or address.
Requires data brokers to provide individuals a cost-free means to review their personal or identifying information.
Allows individuals to dispute the accuracy of their personal information with a written request that the data broker make a correction.
Requires a data broker, with regard to disputed public record information that is available for public inspection from federal, state, or local governments, to: (1) inform the individual of the source of the information and, if reasonably available, where to direct the individual's request for correction; or (2) correct the inaccuracy in the broker's records if the individual provides proof that the public record has been corrected or that the broker was reporting the information incorrectly.
Requires a data broker, with regard to disputed non-public information of a private nature, to: (1) note the information that is disputed, (2) independently verify the information, and (3) correct the inaccuracy if the broker was reporting the information incorrectly.
Requires data brokers to provide individuals with a reasonable means of expressing a preference to exclude their information from being used, shared, or sold for marketing purposes.
Sets forth authority for the FTC and states to enforce this Act.