Posts Tagged ‘Privacy’
New Bill Would Allow Informational Robocalls to Cell Phones
Posted on September 28, 2011Congressmen Lee Terry (R-NE) has introduced the Mobile Informational Call Act of 2011, which would amend the Telephone Consumer Protection Act (TCPA) to allow certain commercial robocalls that are not telephone solicitations to be made to cell phones. Currently, the TCPA generally prohibits all robocalls (i.e., calls made by an automatic telephone dialing system) to cell phones without the individual’s prior express consent. In particular, the bill would clarify that an individual’s oral or written approval in the context of an established business relationship constitutes prior express consent. The Mobile Informational Call Act has been referred to the House Commerce Committee.
Senate Commerce Committee to Mark Up Data Security Bill
Posted on September 20, 2011A data security bill reintroduced in June by Senators Mark Pryor (D-AR) and Jay Rockefeller IV (D-WV) has been scheduled for markup by the Senate Commerce Committee. The Data Security and Breach Notification Act of 2011 would require businesses and nonprofit organizations that store consumers’ personal information to (i) implement strong security features to safeguard sensitive data, (ii) alert consumers when this data has been breached, and (iii) provide affected individuals with resources such as credit monitoring to protect their credit and finances. The markup session is scheduled for September 21, 2011.
Geolocation Focus of New Legislation
Posted on June 17, 2011Senators Ron Wyden (D-OR) and Representative Jason Chaffetz (R-Utah) have introduced the Geolocation Privacy and Surveillance (GPS) Act (S. 1212). The GPS Act would dictate how government agencies, law enforcement and corporations can access citizens’ location-based data. For instance, the government would be required to show probable cause and obtain a warrant before acquiring the geolocational information. Also, carriers and other private companies would be restricted from providing customers’ geolocation information to third parties without customer consent.
A second geolocation bill, entitled the Location Privacy Protection Act of 2011 (S. 1223), was introduced by Senators Al Franken (D-MN) and Richard Blumenthal (D-CT). S. 1223 would require any company that may obtain a customer’s location information from his or her mobile device to (1) obtain customer’s express consent before collecting location data; and (2) obtain customer’s express consent before sharing his or her location data with third parties. Both bills have been referred to the Senate Judiciary Committee.
Senator Leahy introduces new bill to update the ECPA
Posted on May 19, 2011Senator Patrick Leahy has introduced a bill to update and modernize the 1986 Electronic Communication Privacy Act (ECPA). The bill in general prohibits wireless and remote service providers from voluntarily disclosing the contents of user’s email or other electronic communications to the government. The bill sets one standard, a search warrant based on probable cause, for law enforcement officials to gain access to electronic communications, remotely stored communications and geolocation information from service providers. The bill eliminates the distinction between email that has been stored for less than 180 days and email that has been stored longer. The bill also would require a government entity that obtains such information through a warrant to notify the affected individual within three days by service of a copy of the warrant, or to seek a court order to delay notice for 90 days should the disclosure imperil an investigation or national security. A controversial exception in the bill allows a service provider to voluntarily disclose information related to a cyberattack.
New Do-Not-Track Bill Introduced in Senate
Posted on May 12, 2011Senator Jay Rockefeller (D-WV) has introduced the Do-Not-Track Online Act of 2011 (S.913), which proposes to empower consumers with the ability to opt out of having their online activities tracked by Internet companies. Companies would still be able to collect information needed to provide a service (e.g., shipping a package) but the information would have to be anonymized or deleted as soon as the service is performed. S.913 is the second piece of “do-not-track” legislation this year and is at least the fourth bill regarding online consumer privacy. S.913 has been referred to the Senate Committee on Commerce, Science and Transportation, which is chaired by Sen. Rockefeller.
Rush Reintroduces Data Security Legislation
Posted on May 10, 2011Representative Bobby Rush (D-IL) has reintroduced the Data Accountability and Trust Act, or DATA Act (H.R.1707). Among other things, the DATA Act would require companies that hold consumer personal information to adopt security policies and procedures and require companies to notify consumers and the Federal Trade Commission (FTC) when a security breach occurs. The DATA Act was first introduced and passed by the House in 2009. Earlier this year, Rep. Rush introduced the BEST PRACTICES Act to mandate the disclosure by companies of their data collection practices. H.R. 1707 has been referred to the House Committee on Energy and Commerce.