Reporting from Washington, D.C., Hunton & Williams partner Frederick Eames writes:
Elections have consequences. What are the consequences of the 2012 election on U.S. federal privacy, data security and breach notice legislation? We outline some key developments in the U.S. House of Representatives and Senate and explain how these developments might affect legislative priorities and prospects for the 113th Congress beginning in 2013.
On June 29, 2011, the Senate Committee on Commerce, Science and Transportation convened a hearing entitled “Privacy and Data Security: Protecting Consumers in the Online World.” In opening remarks, Committee Chair Senator Jay Rockefeller (D-WV) highlighted that the hearing would consider both privacy and data security and discussed three bills focused on these issues. First, Senator Rockefeller noted S. 917, the Do-Not-Track Online Act of 2011, a bill he introduced that would allow consumers to tell online companies that they do not want their personal information collected and require companies to honor those requests. Second, the Senator referenced S. 799, the Commercial Privacy Bill of Rights Act of 2011, legislation introduced by Senators John Kerry (D-MA) and John McCain (R-AZ) that would comprehensively address privacy protection. Finally, Senator Rockefeller spoke about S. 1207, the Data Security and Breach Notification Act of 2011, which he and Senator Mark Pryor (D-AR) reintroduced. That bill would impose an obligation on companies to adopt basic security measures to protect sensitive consumer data and require companies to notify affected consumers in the event of a breach. Senator Rockefeller emphasized several times his committee’s jurisdiction over privacy and data security issues. Continue reading…
On March 16, 2011, at a U.S. Senate Commerce Committee hearing, Senator John Kerry (D-Mass.) announced his intention to introduce privacy legislation that would create “a common code of conduct that respects the rights of both the people sharing their information and legitimate organizations collecting and using it on fair terms and conditions.” Kerry indicated that he had “reached out to our colleagues on both sides of the aisle, to privacy experts at firms, in academia, and in the advocacy community,” and asked for input into the process from witnesses at the hearing.
On December 10, 2010, Senior Advisor to U.S. Senator John Kerry (D-Mass.), Daniel Sepulveda, briefed the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) members on Senator Kerry’s forthcoming privacy legislation. The bill, which will be introduced next Congress, aims to establish a regulatory framework for the comprehensive protection of individuals’ personal data that authorizes rulemakings by the Federal Trade Commission. Continue reading…
On July 27, 2010, Senator John Kerry (D-Mass.) announced his intention to introduce an online privacy bill to regulate the collection and use of consumer data. “Our counterparts in the House have introduced legislation and I intend to work with Senator Pryor and others to do the same on this side with the goal of passing legislation early in the next Congress,” Kerry said in a prepared statement. Senator Kerry is the Chairman of the Commerce Subcommittee on Communications, Technology, and the Internet. He indicated that his bill would go beyond the regulation of targeted advertising. “Protecting the privacy of consumers online involves much more than the targeted advertising to which they are subjected,” Senator Kerry said. “Such advertising is just one result of the information that is routinely collected about us online.”
As we reported last week, Representative Bobby Rush (D-Ill.) introduced a bill regarding online data collection practices, which itself followed a similar bill proposed in May by Congressmen Boucher (D-VA) and Stearns (R-FL). Also on Tuesday, FTC Chairman Jon Leibowitz testified before the U.S. Senate about FTC efforts to protect consumer privacy.
Privacy News