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Privacy legislation: What you need to know

Wednesday, June 15, 2011

The 112th Congress has been busily working on a number of bills addressing online privacy. They touch on issues like what type of information constitutes "personal information" online, and how companies should notify consumers that their information is being collected and, often, disclosed to third parties like marketers.

Below is a summarized list (courtesy of Privacy Wonk) of the pending bills, along with their sponsor:

Representative Al Franken (D-MN) and Senator Richard Blumenthal (D-CT) Location Privacy Protection Act of 2011 (S.1223) makes mobile providers obtain express consent from mobile-device users before their locations are collected and shared with third parties, such as advertisers.

Representative Jackie Speier (D-CA) "Do Not Track Me Online Act of 2011" (H.R. 654) gives consumers the ability to prevent the collection and use of data on their online activities.

"Financial Information Privacy Act of 2011" (H.R. 653) gives consumers control of their own financial information.

Senators John Kerry (D-MA) and John McCain (R-AZ) "Commercial Privacy Bill of Rights Act of 2011" (S. 799) establishes a baseline code of conduct for how personally identifiable information and information that can uniquely identify an individual or networked device are used, stored, and distributed.

Senator Jay Rockefeller (D-WV) "Do-Not-Track Online Act of 2011" (S. 913) requires the Federal Trade Commission to prescribe regulations regarding the collection and use of personal information obtained by tracking the online activity of an individual, and for other purposes.

Representatives Ed Markey (D-MA) and Joe Barton (R-TX) "Do Not Track Kids Act of 2011" (H.R. 1895) amends the historic Children's Online Privacy Protection Act of 1998 (COPPA) and extends, enhances and updates the provisions relating to the collection, use and disclosure of children's personal information. It also establishes new protections for personal information of children and teens.

Senator Patrick Leahy (D-VT) "Electronic Communications Privacy Act Amendments Act of 2011" (S. 1011) modernizes and updates the Electronic Communications Privacy Act.

"Personal Data Privacy and Security Act of 2011" (S.1151) updates Leahy's 2009 bill of the same title.

Representative Mary Bono Mack (R-CA) "Secure and Fortify (SAFE) Data Act" (discussion draft) aims to establish standards of breach notification and would require organizations to notify people affected by a data breach and the Federal Trade Commission (FTC) within 48 hours.

Representative Bobby L. Rush (D-IL) "Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act" (H.R. 611)

Representative Cliff Stearns (R-FL) "Consumer Privacy Protection Act of 2011" (H.R. 1528) seeks to "protect and enhance consumer privacy" both online and offline by imposing certain notice and choice requirements with respect to the collection and use of personal information.