{"identifier":"/us/usc/t15/s9901","title":15,"num":"\u00a7\u202f9901.","heading":"Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries","text":"\u00a7\u202f9901.\nProhibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries\n(a)\nProhibition\nIt shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available personally identifiable sensitive data of a United States individual to\u2014\n(1) any foreign adversary country; or\n(2) any entity that is controlled by a foreign adversary.\n(b)\nEnforcement by Federal Trade Commission\n(1)\nUnfair or deceptive acts or practices\nA violation of this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (\n15 U.S.C. 57a(a)(1)(B)\n(2)\nPowers of Commission\n(A)\nIn general\nThe Commission shall enforce this section 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 (\n15 U.S.C. 41\n(B)\nPrivileges and immunities\nAny person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.\n(3)\nAuthority preserved\nNothing in this section may be construed to limit the authority of the Commission under any other provision of law.\n(c)\nDefinitions\nIn this section:\n(1)\nCommission\nThe term \u201cCommission\u201d means the Federal Trade Commission.\n(2)\nControlled by a foreign adversary\nThe term \u201ccontrolled by a foreign adversary\u201d means, with respect to an individual or entity, that such individual or entity is\u2014\n(A) a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country;\n(B) an entity with respect to which a foreign person or combination of foreign persons described in subparagraph (A) directly or indirectly own at least a 20 percent stake; or\n(C) a person subject to the direction or control of a foreign person or entity described in subparagraph (A) or (B).\n(3)\nData broker\n(A)\nIn general\nThe term \u201cdata broker\u201d means an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available data of United States individuals that the entity did not collect directly from such individuals to another entity that is not acting as a service provider.\n(B)\nExclusion\nThe term \u201cdata broker\u201d does not include an entity to the extent such entity\u2014\n(i) is transmitting data of a United States individual, including communications of such an individual, at the request or direction of such individual;\n(ii) is providing, maintaining, or offering a product or service with respect to which personally identifiable sensitive data, or access to such data, is not the product or service;\n(iii) is reporting or publishing news or information that concerns local, national, or international events or other matters of public interest;\n(iv) is reporting, publishing, or otherwise making available news or information that is available to the general public\u2014\n(I) including information from\u2014\n(aa) a book, magazine, telephone book, or online directory;\n(bb) a motion picture;\n(cc) a television, internet, or radio program;\n(dd) the news media; or\n(ee) an internet site that is available to the general public on an unrestricted basis; and\n(II) not including an obscene visual depiction (as such term is used in\nsection 1460 of title 18\n(v) is acting as a service provider.\n(4)\nForeign adversary country\nThe term \u201cforeign adversary country\u201d means a country specified in\nsection 4872(d)(2) of title 10\n(5)\nPersonally identifiable sensitive data\nThe term \u201cpersonally identifiable sensitive data\u201d means any sensitive data that identifies or is linked or reasonably linkable, alone or in combination with other data, to an individual or a device that identifies or is linked or reasonably linkable to an individual.\n(6)\nPrecise geolocation information\nThe term \u201cprecise geolocation information\u201d means information that\u2014\n(A) is derived from a device or technology of an individual; and\n(B) reveals the past or present physical location of an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, with sufficient precision to identify street level location information of an individual or device or the location of an individual or device within a range of 1,850 feet or less.\n(7)\nSensitive data\nThe term \u201csensitive data\u201d includes the following:\n(A) A government-issued identifier, such as a Social Security number, passport number, or driver\u2019s license number.\n(B) Any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual.\n(C) A financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual.\n(D) Biometric information.\n(E) Genetic information.\n(F) Precise geolocation information.\n(G) An individual\u2019s private communications such as voicemails, emails, texts, direct messages, mail, voice communications, and video communications, or information identifying the parties to such communications or pertaining to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call.\n(H) Account or device log-in credentials, or security or access codes for an account or device.\n(I) Information identifying the sexual behavior of an individual.\n(J) Calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual\u2019s device or is accessible from that device and is backed up in a separate location.\n(K) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.\n(L) Information revealing the video content requested or selected by an individual.\n(M) Information about an individual under the age of 17.\n(N) An individual\u2019s race, color, ethnicity, or religion.\n(O) Information identifying an individual\u2019s online activities over time and across websites or online services.\n(P) Information that reveals the status of an individual as a member of the Armed Forces.\n(Q) Any other data that a data broker sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to a foreign adversary country, or entity that is controlled by a foreign adversary, for the purpose of identifying the types of data listed in subparagraphs (A) through (P).\n(8)\nService provider\nThe term \u201cservice provider\u201d means an entity that\u2014\n(A) collects, processes, or transfers data on behalf of, and at the direction of\u2014\n(i) an individual or entity that is not a foreign adversary country or controlled by a foreign adversary; or\n(ii) a Federal, State, Tribal, territorial, or local government entity; and\n(B) receives data from or on behalf of an individual or entity described in subparagraph (A)(i) or a Federal, State, Tribal, territorial, or local government entity.\n(9)\nUnited States individual\nThe term \u201cUnited States individual\u201d means a natural person residing in the United States.\n(d)\nEffective date\nThis section shall take effect on the date that is 60 days after\nApril 24, 2024","url":"https://projectusc.org/usc/t15/s9901.html","content":[{"t":"sec","id":"/us/usc/t15/s9901","children":[{"t":"num","text":"\u00a7\u202f9901."},{"t":"heading","text":"Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries"},{"t":"subsec","id":"/us/usc/t15/s9901/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Prohibition"},{"t":"chapeau","text":"It shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available personally identifiable sensitive data of a United States individual to\u2014"},{"t":"para","id":"/us/usc/t15/s9901/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any foreign adversary country; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any entity that is controlled by a foreign adversary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9901/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Enforcement by Federal Trade Commission"},{"t":"para","id":"/us/usc/t15/s9901/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Unfair or deceptive acts or practices"},{"t":"content","children":[{"t":"p","text":"A violation of this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (","children":[{"t":"ref","text":"15 U.S.C. 57a(a)(1)(B)","href":"/us/usc/t15/s57a/a/1/B","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Powers of Commission"},{"t":"subpara","id":"/us/usc/t15/s9901/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Commission shall enforce this section 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 (","children":[{"t":"ref","text":"15 U.S.C. 41","href":"/us/usc/t15/s41","tail":" et seq.) were incorporated into and made a part of this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Privileges and immunities"},{"t":"content","children":[{"t":"p","text":"Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Authority preserved"},{"t":"content","children":[{"t":"p","text":"Nothing in this section may be construed to limit the authority of the Commission under any other provision of law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9901/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t15/s9901/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Commission"},{"t":"content","children":[{"t":"p","text":"The term \u201cCommission\u201d means the Federal Trade Commission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Controlled by a foreign adversary"},{"t":"chapeau","text":"The term \u201ccontrolled by a foreign adversary\u201d means, with respect to an individual or entity, that such individual or entity is\u2014"},{"t":"subpara","id":"/us/usc/t15/s9901/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an entity with respect to which a foreign person or combination of foreign persons described in subparagraph (A) directly or indirectly own at least a 20 percent stake; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a person subject to the direction or control of a foreign person or entity described in subparagraph (A) or (B).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Data broker"},{"t":"subpara","id":"/us/usc/t15/s9901/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201cdata broker\u201d means an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available data of United States individuals that the entity did not collect directly from such individuals to another entity that is not acting as a service provider.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion"},{"t":"chapeau","text":"The term \u201cdata broker\u201d does not include an entity to the extent such entity\u2014"},{"t":"clause","id":"/us/usc/t15/s9901/c/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is transmitting data of a United States individual, including communications of such an individual, at the request or direction of such individual;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9901/c/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is providing, maintaining, or offering a product or service with respect to which personally identifiable sensitive data, or access to such data, is not the product or service;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9901/c/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" is reporting or publishing news or information that concerns local, national, or international events or other matters of public interest;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9901/c/3/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"chapeau","text":" is reporting, publishing, or otherwise making available news or information that is available to the general public\u2014"},{"t":"subclause","id":"/us/usc/t15/s9901/c/3/B/iv/I","children":[{"t":"num","text":"(I)"},{"t":"chapeau","text":" including information from\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" a book, magazine, telephone book, or online directory;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" a motion picture;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"content","text":" a television, internet, or radio program;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(dd)"},{"t":"content","text":" the news media; or"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(ee)"},{"t":"content","text":" an internet site that is available to the general public on an unrestricted basis; and"},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t15/s9901/c/3/B/iv/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" not including an obscene visual depiction (as such term is used in ","children":[{"t":"ref","text":"section 1460 of title 18","href":"/us/usc/t18/s1460","tail":"); or"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9901/c/3/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" is acting as a service provider.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Foreign adversary country"},{"t":"content","children":[{"t":"p","text":"The term \u201cforeign adversary country\u201d means a country specified in ","children":[{"t":"ref","text":"section 4872(d)(2) of title 10","href":"/us/usc/t10/s4872/d/2","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Personally identifiable sensitive data"},{"t":"content","children":[{"t":"p","text":"The term \u201cpersonally identifiable sensitive data\u201d means any sensitive data that identifies or is linked or reasonably linkable, alone or in combination with other data, to an individual or a device that identifies or is linked or reasonably linkable to an individual.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Precise geolocation information"},{"t":"chapeau","text":"The term \u201cprecise geolocation information\u201d means information that\u2014"},{"t":"subpara","id":"/us/usc/t15/s9901/c/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is derived from a device or technology of an individual; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" reveals the past or present physical location of an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, with sufficient precision to identify street level location information of an individual or device or the location of an individual or device within a range of 1,850 feet or less.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Sensitive data"},{"t":"chapeau","text":"The term \u201csensitive data\u201d includes the following:"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A government-issued identifier, such as a Social Security number, passport number, or driver\u2019s license number.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" A financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Biometric information.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" Genetic information.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" Precise geolocation information.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" An individual\u2019s private communications such as voicemails, emails, texts, direct messages, mail, voice communications, and video communications, or information identifying the parties to such communications or pertaining to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" Account or device log-in credentials, or security or access codes for an account or device.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Information identifying the sexual behavior of an individual.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" Calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual\u2019s device or is accessible from that device and is backed up in a separate location.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/K","children":[{"t":"num","text":"(K)"},{"t":"content","text":" A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/L","children":[{"t":"num","text":"(L)"},{"t":"content","text":" Information revealing the video content requested or selected by an individual.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/M","children":[{"t":"num","text":"(M)"},{"t":"content","text":" Information about an individual under the age of 17.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/N","children":[{"t":"num","text":"(N)"},{"t":"content","text":" An individual\u2019s race, color, ethnicity, or religion.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/O","children":[{"t":"num","text":"(O)"},{"t":"content","text":" Information identifying an individual\u2019s online activities over time and across websites or online services.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/P","children":[{"t":"num","text":"(P)"},{"t":"content","text":" Information that reveals the status of an individual as a member of the Armed Forces.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/7/Q","children":[{"t":"num","text":"(Q)"},{"t":"content","text":" Any other data that a data broker sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to a foreign adversary country, or entity that is controlled by a foreign adversary, for the purpose of identifying the types of data listed in subparagraphs (A) through (P).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Service provider"},{"t":"chapeau","text":"The term \u201cservice provider\u201d means an entity that\u2014"},{"t":"subpara","id":"/us/usc/t15/s9901/c/8/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" collects, processes, or transfers data on behalf of, and at the direction of\u2014"},{"t":"clause","id":"/us/usc/t15/s9901/c/8/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an individual or entity that is not a foreign adversary country or controlled by a foreign adversary; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9901/c/8/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a Federal, State, Tribal, territorial, or local government entity; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9901/c/8/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" receives data from or on behalf of an individual or entity described in subparagraph (A)(i) or a Federal, State, Tribal, territorial, or local government entity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9901/c/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"United States individual"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States individual\u201d means a natural person residing in the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9901/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Effective date"},{"t":"content","children":[{"t":"p","text":"This section shall take effect on the date that is 60 days after ","children":[{"t":"text","text":"April 24, 2024","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}