[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4517 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 4517
To provide for greater transparency in and user control over the
treatment of data collected by mobile applications and to enhance the
security of such data.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 10, 2016
Mr. Johnson of Georgia (for himself, Mr. Barton, Mr. Chabot, Ms.
Jackson Lee, Mr. Cicilline, and Mr. Cohen) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for greater transparency in and user control over the
treatment of data collected by mobile applications and to enhance the
security of such data.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Application Privacy, Protection, and
Security Act of 2016'' or the ``APPS Act of 2016''.
SEC. 2. TRANSPARENCY, USER CONTROL, AND SECURITY.
(a) Consent to Terms and Conditions.--
(1) In general.--Before a mobile application collects
personal data about a user of the application, the developer of
the application shall--
(A) provide the user with notice of the terms and
conditions governing the collection, use, storage, and
sharing of the personal data; and
(B) obtain the consent of the user to such terms
and conditions.
(2) Required content.--The notice required by paragraph
(1)(A) shall include the following:
(A) The categories of personal data that will be
collected.
(B) The categories of purposes for which the
personal data will be used.
(C) The categories of third parties with which the
personal data will be shared.
(D) A data retention policy that governs the length
for which the personal data will be stored and the
terms and conditions applicable to storage, including a
description of the rights of the user under subsection
(b) and the process by which the user may exercise such
rights.
(3) Additional specifications and flexibility.--The
Commission shall by regulation specify the format, manner, and
timing of the notice required by paragraph (1)(A). In
promulgating the regulations, the Commission shall consider how
to ensure the most effective and efficient communication to the
user regarding the treatment of personal data.
(4) Direct access to data by third parties.--For purposes
of this Act, if the developer of a mobile application allows a
third party to access personal data collected by the
application, such personal data shall be considered to be
shared with the third party, whether or not such personal data
are first transmitted to the developer.
(b) Withdrawal of Consent.--The developer of a mobile application
shall--
(1) provide a user of the application with a means of--
(A) notifying the developer that the user intends
to stop using the application; and
(B) requesting the developer--
(i) to refrain from any further collection
of personal data through the application; and
(ii) at the option of the user, either--
(I) to the extent practicable, to
delete any personal data collected by
the application that is stored by the
developer; or
(II) to refrain from any further
use or sharing of such data; and
(2) within a reasonable and appropriate time after
receiving a request under paragraph (1)(B), comply with such
request.
(c) Security of Personal Data and De-Identified Data.--The
developer of a mobile application shall take reasonable and appropriate
measures to prevent unauthorized access to personal data and de-
identified data collected by the application.
(d) Exception.--Nothing in this Act prohibits the developer of a
mobile application from disclosing or preserving personal data or de-
identified data as required by--
(1) other Federal law (including a court order); or
(2) except as provided in section 6, the law of a State or
a political subdivision of a State (including a court order).
SEC. 3. APPLICATION AND ENFORCEMENT.
(a) General Application.--The requirements of this Act and the
regulations promulgated under this Act apply, according to their terms,
to those persons, partnerships, and corporations over which the
Commission has authority pursuant to section 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(2)).
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a 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 Commission shall enforce
this Act and the regulations promulgated under this Act 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 Act. Any
person who violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(c) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of this Act or a regulation promulgated
under this Act, the State, as parens patriae, may bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to--
(A) enjoin such act or practice;
(B) enforce compliance with this Act or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Commission a written notice of such action
and a copy of the complaint for such action. If the attorney
general, official, or agency determines that it is not feasible
to provide the notice described in this paragraph before the
filing of the action, the attorney general, official, or agency
shall provide written notice of the action and a copy of the
complaint to the Commission immediately upon the filing of the
action.
(3) Authority of commission.--
(A) In general.--On receiving notice under
paragraph (2) of an action under this subsection, the
Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(B) Limitation on state action while federal action
is pending.--If the Commission or the Attorney General
of the United States has instituted a civil action for
violation of this Act or a regulation promulgated under
this Act (referred to in this subparagraph as the
``Federal action''), no State attorney general,
official, or agency may bring an action under this
subsection during the pendency of the Federal action
against any defendant named in the complaint in the
Federal action for any violation of this Act or such
regulation alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 4. REGULATIONS.
Not later than 1 year after the date of the enactment of this Act,
the Commission shall promulgate regulations in accordance with section
553 of title 5, United States Code, to implement and enforce this Act.
SEC. 5. SAFE HARBOR.
(a) In General.--The developer of a mobile application may satisfy
the requirements of this Act and the regulations promulgated under this
Act by adopting and following a code of conduct for consumer data
privacy (insofar as such code relates to data collected by a mobile
application) that the Commission has approved as meeting the
requirements of the regulations promulgated under section 4.
(b) Regulations.--The Commission shall promulgate regulations in
accordance with section 553 of title 5, United States Code, to govern
the consideration and approval of codes of conduct under subsection
(a).
SEC. 6. RELATIONSHIP TO STATE LAW.
This Act and the regulations promulgated under this Act supercede a
provision of law of a State or a political subdivision of a State only
to the extent that such provision--
(1) conflicts with this Act or such regulations, as
determined without regard to section 2(d)(2);
(2) specifically relates to the treatment of personal data
or de-identified data; and
(3) provides a level of transparency, user control, or
security in the treatment of personal data or de-identified
data that is less than the level provided by this Act and such
regulations.
SEC. 7. PRESERVATION OF FTC AUTHORITY.
Nothing in this Act may be construed in any way to limit or affect
the authority of the Commission under any other provision of law.
SEC. 8. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) De-identified data.--The term ``de-identified data''
means data that cannot reasonably be used to identify or infer
information about, or otherwise be linked to, a particular
individual or mobile device, as determined with a reasonable
level of justified confidence based on the available methods
and technologies, the nature of the data at issue, and the
purposes for which the data will be used.
(3) Developer.--The term ``developer'' shall have the
meaning given such term by the Commission by regulation.
(4) Mobile application.--The term ``mobile application''
means a software program that--
(A) runs on the operating system of a mobile
device; and
(B) collects data from a user.
(5) Mobile device.--The term ``mobile device'' means a
smartphone, tablet computer, or similar portable computing
device that transmits data over a wireless connection.
(6) Personal data.--The term ``personal data'' shall have
the meaning given such term by the Commission by regulation,
except that such term shall not include de-identified data.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(8) Third party.--The term ``third party'' means, with
respect to the developer of an application, an entity that
holds itself out to the public as separate from the developer
such that a user of the application acting reasonably under the
circumstances would not expect the entity to be related to the
developer or to have access to personal data the user provides
to the developer. Such term includes an affiliate of the
developer unless the affiliation is reasonably clear to users
of the application.
SEC. 9. EFFECTIVE DATE.
This Act shall apply with respect to any collection, use, storage,
or sharing of personal data or de-identified data that occurs after the
date that is 30 days after the promulgation of final regulations under
section 4.
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