Definitions

In this Act: (1) Affirmative express consent The term affirmative express consent means an affirmative act by a consumer that— (A) clearly communicates the authorization of the consumer for an act or practice; (B) is provided in response to a notice that meets the requirements of section 4(a)(1)(A); and (C) is not— (i) acceptance of general or broad terms of service or a similar document; (ii) accomplished by hovering over, muting, pausing, or closing a given piece of content; (iii) acceptance of an agreement obtained through the use of false, fraudulent, or materially misleading means; or (iv) in response to a notice that only provides the choice to accept or agree to the act or practice. (2) Application The term application means a software program that runs on the operating system of a device. (3) Collect The term collect means, with respect to consumer car-related data, to buy, rent, gather, obtain, receive, access, or otherwise acquire such data by any means. (4) Commission The term Commission means the Federal Trade Commission. (5) Consumer The term consumer means an individual who is a citizen or resident of, or located in, the United States. (6) Consumer car The term consumer car means a motor vehicle, as defined in section 30102 of title 49, United States Code, that is owned, leased, or operated by a consumer, but excluding any motor vehicle owned, leased, or operated in a commercial or employment context. (7) Consumer car-related data The term consumer car-related data means any information, including derived data and unique identifiers, that— (A) is linked or reasonably linkable, alone or in combination with other information, to an individual or a device; and (B) is— (i) collected or derived from and describes the current or historic operation, condition, status, or precise geolocation of a consumer car or its occupants; (ii) electronic data generated or processed onboard a consumer car, such as data generated by sensors, receivers, computer processing units, or other vehicle components, including diagnostic, repair, and maintenance data; or (iii) stored, or capable of being stored, in a consumer car generated by the user of such consumer car. (8) Covered entity The term covered entity means any person that collects, processes, or transfers the consumer car-related data of an individual, including a car manufacturer, insurance company, or a company that collects such data through an application. (9) De-identified data The term de-identified data means consumer car-related data that— (A) has been processed so as to not be linked or reasonably linkable, alone or in combination with other information, to an individual or a device; and (B) is in possession of a covered entity, and such covered entity— (i) takes reasonable physical, administrative, and technical measures to ensure that such data cannot be associated with an individual or be used to re-identify an individual or a device reasonably linkable to an individual; (ii) has publicly committed to not process any data described in subparagraph (A) that is in its possession so as to make such data linked or reasonably linkable, alone or in combination with other information, to an individual or a device; and (iii) contractually obligates any recipient of such data to satisfy the requirements described in clauses (i) and (ii). (10) Device The term device means any electronic equipment capable of collecting, processing, retaining, or transferring consumer car-related data, including any such device equipped on a consumer car. (11) Precise Geolocation The term precise geolocation means information that reveals the past or present physical location of an individual, consumer car, or device with sufficient precision to identify— (A) street-level location information of such individual, consumer car, or device; or (B) the location of such individual, consumer car, or device within a range of 1,850 feet or less. (12) Process The term process, with respect to consumer car-related data, means any operation or set of operations performed, whether by manual or automated means, on such data, including the use, storage, disclosure, analysis, deletion, or modification of such data.