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Public Law TrackerPLTPublic Law Tracker
S. 5673IntroducedSenate · nowHousePresidentLawIn committee
Sec. 4 · S. 5673

Restricting the sharing or selling of certain data

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(a) In general Subject to the succeeding subsections of this section, it shall be unlawful for a covered entity to share or sell any consumer car-related data unless— (1) the covered entity provides the consumer— (A) a notice that— (i) states that the covered entity intends to share or sell such data; (ii) is provided in a clear and conspicuous standalone disclosure that describes each instance the covered entity plans to share or sell such data; (iii) for each specific category of such data, states if the covered entity is sharing or selling such data in order to provide a service requested by the consumer; (iv) is written in easy-to-understand language; (v) is provided in a manner that would be reasonably anticipated by the consumer given the relationship between the consumer and the covered entity; and (vi) is accessible to individuals with disabilities; and (B) an opportunity to explicitly grant affirmative express consent to allow the covered entity to share or sell such data; and (2) the consumer explicitly grants such affirmative express consent. (b) Revocation of consent If a consumer grants affirmative express consent to allow a covered entity to share or sell consumer car-related data pursuant to subsection (a)(2), the covered entity shall allow such consumer to easily revoke such consent directly through the website or application of the covered entity. (c) Retaliation prohibited (1) In general A covered entity may not deny a consumer access to a good or service or discriminate or retaliate against a consumer for withholding affirmative express consent under subsection (a)(2) or revoking consent under subsection (b). (2) Retaliation With respect to a consumer withholding affirmative express consent under subsection (a)(2) or revoking consent under subsection (b), a covered entity shall be considered in violation of paragraph (1) if such covered entity charges a different price or rate for a good or service or provides a different level of quality of a good or service to such consumer compared to the price, rate, or quality the covered entity typically charges or provides to other consumers unless it is reasonably necessary for the covered entity to sale or share the consumer's consumer car-related data in order to provide the good or service or the value of such data is reasonably related to the difference in price or quality of the good or service. (d) Exception Subsection (a) shall not apply to any consumer car-related data a covered entity shares with the National Highway Traffic Safety Administration. (e) Precise geolocation data It shall be unlawful for a covered entity to share or sell any data relating to a precise geolocation.

Sec. 4: Restricting the sharing or selling of certain data · Public Law Tracker