Do Not Track Online Act of 2015 2015-12-15 Introduced in Senate Do Not Track Online Act of 2015

This bill requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which individuals can indicate whether they prefer to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on, and from discriminating against, individuals who have expressed a preference not to have such information collected.

"Personal information" includes IP addresses, media access control addresses, and other unique device identifiers.

The rules must allow for the collection and use of personal information, notwithstanding the expressed preference of the individual, if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use.

The bill provides for FTC and state enforcement of such rules and regulations. If permitted under state law, a person may bring a private action to enjoin a violation or to receive monetary damages.

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