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S. 4784IntroducedSenate · nowHousePresidentLawIn committee
Sec. 528 · S. 4784

Authority for collection of personally identifiable information regarding prospective recruits

Division A — Department of Defense authorizations › Title V — Military personnel policy › Subtitle C — General Service Authorities and military records

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(a) Collection of prospective recruit information; digital collection The Secretary concerned may collect Prospective Recruit Information with respect to prospective recruits for the Armed Forces who are at least 17 years of age for the purpose of enhancing marketing, advertising, and outreach to possible prospective recruits for recruitment for service in the Armed Forces. In the case of any such prospective recruit, such information may only be collected— (1) with the express consent of the prospective recruit; or (2) in the case of a prospective recruit who is 17 years of age, with parental consent. (b) Responsible person The process for obtaining consent under subsection (a) shall be carried out so that— (1) the person whose consent is requested is provided information before such consent is obtained that outlines the purpose of the collection, the authority for the collection, routine uses to be made of the collection and the effects on the individual, if any, of not providing all or any part of the requested information, consistent with section 552a of title 5, United States Code; and (2) the person has the opportunity to establish consent preferences. (c) Consent Consent may be granted, and Prospective Recruit Information may be collected, under subsection (a) through a military recruiting digital website or platform. The collection of Prospective Recruit Information may be accomplished by the use of cookies or similar technology. (d) Prospective Recruit Information (1) Maintenance of information Prospective Recruit Information pertaining to any person may not be maintained for more than 3 years after the date the information pertaining to such person is first collected under this section. (2) Privacy The maintenance of information collected under this subsection is subject to subchapter II of chapter 35 of title 44 and section 552a of title 5. (e) Prospective Recruit information defined In this section, the term Prospective Recruit Information means, with respect to a prospective recruit for the Armed Forces, the following: (1) Name, mailing address, physical address, email address, mobile/cell phone number, and home phone number (if any). (2) Age, sex, household composition, education level, birth date, marital status, and military/veteran status. (3) Information about browser types, connected devices, cookie data, and usage metadata. (4) Unique identifiers such as IP addresses and social media handles. (5) Fitness activity data. (6) Such other data elements as determined necessary for effective recruiting, as provided in regulations prescribed by the Secretary of Defense and maintained in accordance with the applicable system of records notice of the department concerned. (f) Sunset The authority established under subsection (a) shall terminate on December 31, 2031.

Sec. 528: Authority for collection of personally identifiable information regarding prospective recruits · Public Law Tracker