PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Subcommittee on Consumer Protection and Commerce.
Congressional Research Service
Version 00 · Introduced in House · Oct 22, 2021
Prevent Recording of Individuals with Video and Audio Technologies when not Enabled Act or the PRIVATE Act
This bill generally prohibits collecting, transmitting, disclosing, or otherwise using data from a camera or microphone of an internet-connected device.
A device manufacturer or software application developer may not use such data unless the use is (1) reasonably required for the device's functionality, and (2) limited to instances when the individual is actively operating the device. For voice-activated functionality, the bill also prohibits data use before the functionality is activated. Additionally, individuals must expressly and affirmatively consent to data use and may revoke this consent.
Showing the opening paragraphs of the official summary.
To obtain consent, manufacturers and developers must provide individuals with a brief notice that describes the data use and meets other requirements. They must also maintain a separate privacy policy that details how the entity specifically uses data from a device's camera or microphone.
The Federal Trade Commission (FTC) must (1) issue guidance and sample language for brief notices, and (2) enforce the bill's prohibitions as an unfair or deceptive act or practice.
The bill provides a safe harbor from such enforcement if a manufacturer or developer obtains FTC approval for the requisite brief notice and privacy policy.
People & committees
Rep. Jacobs, Chris [R-NY-27] · R–NY
Legislative record
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Referred to the Subcommittee on Consumer Protection and Commerce.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
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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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