1. Short title This Act may be cited as the Public Health Emergency Privacy Act . 2. Definitions In this Act: (1) Affirmative express consent The term affirmative express consent means an affirmative act by an individual that— (A) clearly and conspicuously communicates the individual’s authorization of an act or practice; (B) is made in the absence of any mechanism in the user interface that has the purpose or substantial effect of obscuring, subverting, or impairing decision making or choice to obtain consent; and (C) cannot be inferred from inaction. (2) Collect The term collect , with respect to emergency health data, means obtaining in any manner by a covered organization. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered organization (A) In general The term covered organization means any person (including a government entity)— (i) that collects, uses, or discloses emergency health data electronically or through communication by wire or radio; or (ii) that develops or operates a website, web application, mobile application, mobile operating system feature, or smart device application for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID–19 public health emergency. (B) Exclusions The term covered organization does not include— (i) a health care provider; (ii) a person engaged in a de minimis collection or processing of emergency health data; (iii) a service provider; (iv) a person acting in their individual or household capacity