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H.R.5433 / 117th Congress

REPAIR Act

Referred to the Subcommittee on Consumer Protection and Commerce.

Official summary

Version 00 · Introduced in House · Sep 30, 2021

Renew Effective Protection of Americans' Information Rights Act or the REPAIR Act

This bill restricts the use of information reasonably linked to an individual (or the individual's internet-connected device) that is collected, processed, or transferred by certain entities subject to unfair competition laws.

Individuals must affirmatively and expressly consent to the use of their information and may withdraw their consent. Entities may only use information as reasonably necessary and for the allowable purposes (e.g., completing transactions at an individual's request, complying with legal obligations, and other purposes specified in the bill) to which the individual consented. The Federal Trade Commission (FTC) may allow additional purposes through rulemaking. Entities must also establish data security practices.

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Additionally, entities must make their privacy policies publicly available, and individuals must consent to a policy change that weakens privacy protections before the change takes effect. Further, entities must (1) notify individuals in real-time when their information is being used; and (2) provide copies of, delete, mask, or correct information at an individual's request. However, these requirements shall not apply to entities that have revenues, staffing levels, and related indicators below specified limits.

The FTC must also develop a downloadable program that allows individuals to opt out of unwanted data harvesting and targeted advertising by public-facing websites, applications, and related operators (e.g., social networks and search engines). Operators must comply with requirements related to the program.

Along with existing remedies, the bill provides civil penalties for violations of the bill and allows enforcement by the FTC, states, Indian tribes, and territories.

Read the summary on Congress.gov
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Who introduced it

Rep. Posey, Bill [R-FL-8] · R–FL

Committees

  • Energy and Commerce Committee
3 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Consumer Protection and Commerce.

  2. Referred to the House Committee on Energy and Commerce.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

Text links open the official source. We currently store references to these documents.

Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Jan 16, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.5433 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.5433 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.5433 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.5433 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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