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H.R. 6377 (112th): Mobile Device Privacy Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Sep 12, 2012.

Mobile Device Privacy Act - Directs the Federal Trade Commission (FTC) to promulgate regulations requiring sellers or manufacturers of mobile devices and software, providers of mobile services, and operators of online services offering downloads of monitoring software for installation on a mobile device to disclose to consumers information about the installation and purpose of such software. Allows exemptions for uses consistent with the reasonable expectations of consumers.

Defines "monitoring software" as software with the capability to monitor mobile device usage or the location of the user and to transmit the information collected to another device or system, whether or not such capability is the primary function of the software or the purpose for which it is marketed.

Directs the FTC to promulgate regulations requiring: (1) the express consent of a consumer before monitoring software begins collecting and transmitting information and giving the consumer the opportunity to prohibit such collection and transmission at any time; (2) recipients of information transmitted from monitoring software to implement information security practices for the treatment and protection of the information; and (3) the filing with the FTC or the Federal Communications Commission (FCC), as appropriate, of a copy of an agreement under which a person receives the type of information regarding which disclosure is required by this Act.

Provides for enforcement by the FTC and FCC of regulations promulgated under this Act under the Federal Trade Commission Act and the Communications Act of 1934, respectively. Allows civil enforcement actions by states and by private persons injured by an act in violation of such regulations.