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Intel Corp. released a second version of its data privacy bill, named the Innovative and Ethical Data Use Act, on Monday after getting comments from industry experts on the first draft bill it released in November.

David Hoffman, associate general counsel and global privacy officer at Intel, said one of the biggest changes from the original draft bill to the newly released second draft of the company's data privacy bill was the definition of a “covered entity.”

“One of the biggest changes was the definition of 'covered entity' and trying to do a better job of carving out small and medium enterprise. So we changed that,” Hoffman said.

Hoffman also said the comments on the original draft bill led the Intel team to include a concept called “duty of care” in the second bill.

“Which is that we wanted to make clear that entities shouldn't be able to process personal data that is likely to result in significant physical injury or substantial financial loss,” Hoffman said.

One thing that didn't change from the original draft bill is that those found to have violated the law will face a $1 million fine and a prison term of up to 10 years.

Hoffman said he expected more comments on the original bill's accountability provision.

“The degree to which those accountability provisions would be flexible enough for different types of companies and across different industry sectors. I fully expected that because as we were having conversations in the development of GDPR that generally came up,” Hoffman said.

Hoffman said that many people he has spoken to have become used to the idea of having someone on staff monitor data use practices, so the accountability portion of the draft legislation did not need to change.

Further parts of this bill need to be considered, Hoffman said, including the idea of pre-emption.

“That's not the preemption of state laws that's most difficult but is the interaction with other federal laws like [Health Insurance Portability and Accountability Act] and Gramm-Leach-Bliley work,” Hoffman said. “That may take people another few weeks to really be thinking through and having a real conversation about.”

The second draft of the privacy bill may not be the last. Hoffman said Intel is still encouraging people to read the second draft of the proposed bill and comment on it.

“We're hoping people comment and, depending on what those comments are, we'll do a third draft,” Hoffman said.

The bill Intel put forward is a draft bill, and the company is not seeking a sponsor for it to be introduced to be passed. Rather, its purpose is to spark discussion among the industry and lawmakers.