LEGISLATIVE UPDATE
NEW LEGISLATION INTRODUCED IN STATES
California, New York, and New Jersey Present Threats | |
As state legislatures reconvened this winter, privacy issues remained a top concern.Several initiatives that could present real threats to the information gathering and sharing activities of Kids in the Know members, and others, are now pending in key states.
California – Administrative Burden
Always a key battleground on privacy issues, harmful legislation has once again been introduced in the California Senate.The bill, dubbed "Shine the Light" (SB 27), would place onerous record-keeping requirements on Kids in the Know members, and any organization that uses lists.
Championed by Sen. Liz Figueroa, it requires companies to provide, upon request, the name and address of where the business obtained information about a consumer, copies of the information the business has, and the name and address of the recipients of the personal information.
The administrative requirements, which apply to individuals of all ages, are overwhelming.It would require extensive new, cost-prohibitive, databases that keep extensive records about each person on a list.That makes educating policymakers about the negative consequences to businesses and young people alike.
New York – Sweeping "Opt-in"
A new bill (A 2148) was recently introduced in the New York Assembly that requires express written consent from individuals before an organization can sell, rent, or exchange in any way personal information about them.The bill specifically defines personal information as including name, address, age, sex, and telephone number.
The bill is sweeping opt-in measure, applying to all lists.The prior consent requirement would make lists virtually non-existent or a fracture of their current size.
Sponsored by Assemblyman Paul Tokasz, it has eight cosponsors and has been referred to the Consumer Affairs and Protection Committee.
New Jersey – Teen Online Privacy
There are two bills in New Jersey that are being pushed hard by their respective sponsors and are moving forward.
The Adolescents’ Online Privacy Protection Act (A. 1327), sponsored by Assemblyman George Geist, would have far-reaching implications for organizations that use Web sites for business activities.It is modeled after the "Children Online Privacy Protection Act" (COPPA), but raises the regulated age of individuals from 13 to 18 years old.
The measure requires parental consent for the use and disclosure of personal information obtained on Web sites.The bill broadly defines personal information to include first and last name, home and other
physical address, e-mail address, social security number, and telephone number.
A. 1327 has been reported to the Assembly Telecommunications and Utilities Committee.While no action has been scheduled, Assemblyman Geist has made three formal requests to the chairman to hold a public hearing on the matter.
A second New Jersey bill (A. 3004) would regulate surveys conducted in schools.It is
sponsored by Assistant Majority Leader Linda Greenstein.It is very similar to other bills that have been initiated in states houses throughout the nation, mandating parental consent of any student required to participate in a survey that reveals information concerning political affiliations, mental or psychological problems, sexual behavior, illegal, anti-social, and self-demeaning behavior, critical appraisal of other family members, income, and social security number.
The bill does not require parental consent for students who participate in surveys voluntarily,but requires written notification to parents about the survey.
We will monitor it to ensure that as it moves through the legislative process it is not
expanded to areas that would affect Kids in the Know members.The Education committee has not agreed to a schedule to consider the bill.
| | | Department of Education Rules
The US Department of Education has yet to draft regulations to clarify the student-privacy requirements of the Leave No Child Behind law, but it intends to release draft regulations in the coming months.
A recent incident underscores the importance of having regulations that state clearly what the law is. A "Consumer Alert" sent by the Federal Trade Commission (FTC) to schools throughout the nation raised caution flags about participating in student surveys, which may have mislead school administrators.The Alert provided general guidance, but failed to say that the Leave No Child Behind law specifically and clearly exempts educational products and services from some requirements.
Concerned about the potential negative consequences, the National School Boards Association sent a letter to the FTC stating, "NSBA is concerned that the Alert, as released, may be confusing to local school districts.We urge you to clarify the information as soon as practicable."
| | | |
PROTECTING OUR CHILDREN
| | | Since 1998, Kids in the Know has helped raise awareness about child victimization nationwide through a partnership with the National Center for Missing & Exploited Children (NCMEC). NCMEC is the national leader in educating parents and young people about the best safety practices.Kids in the Know members are being asked to help NCMEC spread their message.If you would like to learn more about partnership opportunities please contact us.
|
| | For more information about the issues outlined in this update – or for information about other Kids in the Know’s activities – contact Michael Fleischer at 202/667-0901 or send an e-mail to info@kidsintheknow.org.
| | | | | | |
