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PRINTER'S NO. 3336
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2715
Session of
2022
INTRODUCED BY BURNS, DELLOSO, HILL-EVANS, KEEFER AND
D. WILLIAMS, JUNE 30, 2022
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 30, 2022
AN ACT
Establishing a data broker registration system and the Data
Broker Fund; and prescribing duties of the Office of Attorney
General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Data Broker Registration System Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Data broker." A business that knowingly collects and sells
the personal information of a consumer to a third party with
whom the business does not have a direct relationship. The term
does not include any of the following:
(1) A consumer reporting agency to the extent that it is
covered by the Fair Credit Reporting Act (Public Law 91-508,
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15 U.S.C. ยง 1681 et seq.).
(2) A financial institution to the extent that it is
covered by the Gramm-Leach-Bliley Act (Public Law 106-102,
113 Stat. 1338).
"Fund." The Data Broker Fund established in section 4.
"Office." The Office of Attorney General.
"Personal information." As defined in the act of December
22, 2005 (P.L.474, No.94), known as the Breach of Personal
Information Notification Act.
Section 3. The Data Broker Registration System.
(a) Establishment.--The Data Broker Registration System is
established within the office.
(b) Duties of the office.--The office shall establish the
Data Broker Registration System in accordance with this act.
Section 4. Establishment of the Data Broker Fund.
(a) Fund.--The Data Broker Fund is established as a special
fund in the State Treasury.
(b) Deposits.--Each fee, penalty or other expenses incurred
by the office with relation to section 5(b) and (c) shall be
deposited into the fund.
Section 5. Data broker registration application.
(a) Form.--The office shall create an application form for
data brokers to register. Applications shall be submitted in a
form approved by the office. At a minimum, the application form
shall contain the following information:
(1) The name of the data broker and its primary
physical, email and Internet website addresses.
(2) Information regarding data collection practices and
options for consumers to opt out.
(3) Any other information that the office deems
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necessary and appropriate.
(b) Registration fee.--The registration fee shall be in
accordance with the following:
(1) The registration fee shall be $400 unless changed by
the Executive Deputy Attorney General of the office in
accordance with paragraph (2).
(2) The Executive Deputy Attorney General of the office
shall announce the adjustment of fees by transmitting notice
to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. The adjusted fees shall take effect 30
days after publication of the notice in the Pennsylvania
Bulletin.
(c) Failure to register.--A data broker that fails to
register as required by this act shall be subject to an
injunction and is liable for civil penalties, fees and costs
determined by the office in accordance with the following:
(1) A civil penalty of $100 for each day that the data
broker fails to register as required by this act.
(2) An amount equal to the fees that were due during the
period that the data broker failed to register.
(3) Expenses incurred by the office in the investigation
and prosecution of the action as the court deems appropriate.
(4) Any penalties, fees and expenses recovered in an
action prosecuted under this subsection shall be deposited
into the fund.
Section 6. Effective date.
This act shall take effect in 60 days.
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