Consistent privacy protections for data held by data brokers

Section 2703 of title 18, United States Code, as amended by section 603 of this Act, is amended by adding at the end the following: (n) Covered personal data (1) Definitions In this subsection, the terms covered personal data and covered organization have the meanings given such terms in section 2702(e). (2) Limitation Unless a governmental entity obtains an order in accordance with paragraph (3), the governmental entity may not require a covered organization that is not an online service provider to disclose covered personal data if a court order would be required for the governmental entity to require an online service provider to disclose such covered personal data that is a record of a customer or subscriber of the online service provider. (3) Orders (A) In general A court may only issue an order requiring a covered organization that is not an online service provider to disclose covered personal data on the same basis and subject to the same limitations as would apply to a court order to require disclosure by an online service provider. (B) Standard For purposes of subparagraph (A), a court shall apply the most stringent standard under Federal statute or the Constitution of the United States that would be applicable to a request for a court order to require a comparable disclosure by an online service provider of comparable records of a customer or subscriber of the online service provider..