Amendment ID: S2608-6

Amendment 6

Requiring duty of loyalty for sensitive data

Mr. Fernandes moves that the proposed new draft be amended by striking out, in line 345, the words “or transfer,” and by striking out, in line 346, the words “or transfer,” and by striking out, in lines 349-352, the words, “without obtaining the consumer’s affirmative consent or, in the case of the collection or processing of personal data concerning a known child, without collecting or processing such data in accordance with Children’s Online Privacy Protection Act, 15 USC 6501 et seq.,” and by inserting after the word “collect” in line 345 the following word:- or

and by inserting after the word “collection” in line 346 the following word:- or

and by inserting after the word “data” in line 348 the following words:- but instead exercise a duty of loyalty to each consumer not to sell sensitive data; in regard to sensitive data, this duty of loyalty cannot be waived by the consumer.

and by inserting after the word “consumer” in line 349 the following words:- but instead exercise a duty of loyalty to each consumer not to transfer sensitive data; in regard to sensitive data, this duty of loyalty cannot be waived by the consumer.