Online Privacy Act of 2023, Sec. 106 ("Right to individual autonomy")

• Authority: United States Congress
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. federal laws
• Most recent activity: Defunct
• Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

• Compromise of privacy
• Loss of human agency and autonomy

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• Fraud, scams, and targeted manipulation

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 3-4 subdomains, with strong focus on privacy compromise (2.1), loss of human agency and autonomy (5.2), and fraud/manipulation (4.3). Coverage is concentrated in privacy, human-computer interaction, and malicious actor domains related to behavioral personalization and data processing.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Information

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Trade, Transportation & Utilities
• Finance & Insurance
• Professional & Technical Services
• Educational Services
• Health Care & Social Assistance
• Arts, Entertainment & Recreation
• Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

This legislation applies broadly across all sectors that collect and process personal information for behavioral personalization. The most heavily impacted sectors are Information (social media, data processing, telecommunications), Finance and Insurance (personalized financial services), Professional and Technical Services (marketing, IT consulting), and Health Care (personalized health services). The cross-sector applicability reflects the ubiquitous nature of behavioral personalization technologies.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative statute from the United States Congress with mandatory obligations, enforcement mechanisms, and legal penalties for non-compliance.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress
• Summary: The document header explicitly identifies the United States Congress as the authority that created this legislative instrument.

Target

• Entity Types: AI_Developer, AI_Deployer
• Entities: covered entity; small businesses (exempted)
• Summary: The document repeatedly references 'covered entity' as the regulated party that must comply with requirements regarding behavioral personalization. Small businesses are explicitly exempted from these requirements.

Enforcer

• Entity Types: AI_Governance_Actor
• Summary: No specific enforcement agency or body is named in this section. As a federal statute, enforcement would typically fall to federal regulatory agencies, but they are not specified in Section 106.

Monitor

• Entity Types: AI_Governance_Actor
• Summary: No specific monitoring body or oversight mechanism is identified in this section. Monitoring responsibilities would likely be specified in other sections of the broader Online Privacy Act of 2023.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Collect and Process Data
• Build and Use Model
• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on how behavioral personalization systems must be deployed with consent mechanisms and monitored through annual consent renewals. It also implicitly covers Build and Use Model through restrictions on how personal information can be used to create and improve algorithms.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• AI Models

Technical Scope Summary

The document explicitly mentions algorithms and models designed for behavioral personalization but does not use specific AI terminology like 'AI systems', 'frontier AI', 'general purpose AI', or 'foundation models'. It focuses on behavioral personalization mechanisms regardless of the underlying technology type.