USA: Senator releases proposed federal data privacy legislation
U.S. Senator, Sherrod Brown announced, on 18 June 2020, that he had released a bill ('the Bill') for the proposed Data Accountability and Transparency Act of 2020. In particular, the Bill creates new definitions of data aggregator and service providers and includes provisions obliging entities to publish privacy policies. Furthermore, the Bill provides consumers with data privacy rights to the access, rectification, correction, and erasure of their personal data. Moreover, the Bill bans the collection, use, or sharing of personal data unless specifically allowed by law, and bans the use of facial recognition technology.
Additionally, the Bill prohibits the use of personal data to discriminate and requires anyone using decision-making algorithms to provide new accountability reports. In addition, the Bill creates a new independent agency, the Data Accountability and Transparency Agency ('the Agency'), dedicated to protecting individual's privacy which will have rule-making, supervisory, and enforcement authority. Furthermore, the Bill provides that the Agency would work in conjunction with other federal agencies, as appropriate, to promote consistent regulatory treatment of personal data.
Finally, the Bill would require CEO certification of compliance with the Bill and contains criminal and civil penalties for company executives.