Sen. Marsha Blackburn (R-TN)
The “BROWSER Act of 2021” requires internet access and service providers to explicitly inform users of their privacy policies, and to allow them to accept or decline the use and distribution of their information without fear of being denied the provider’s services. The bill also establishes a two-tiered system for privacy regulation, depending on the sensitivity of the information collected. For sensitive information, providers will need to obtain a user’s explicit approval before their processing (i.e., opt-in). For non-sensitive information, it will be sufficient that a user did not object to their use (i.e., opt-out). In addition, the BROWSER Act empowers the Federal Trade Commission to enforce these rules.