UPDATE: 04/21/04

In this update:

California Senator Introduces Parental Consent Legislation

Privacy Bill Introduced in California Assembly

Wyden Legislation Remains High Priority

California

Always a key battleground on privacy issues, two new privacy bills have been introduced in California. The most devastating legislation to Kids in the Know members was introduced by Senator Liz Figueroa, an aggressive advocate of privacy legislation. The legislation is an extreme "opt-in" measure preventing the use of personally identifiable information for any child under the age of 18.

Broad "Opt-in" Measure

SB 1663, Children's Information and Consumer's Medical Information Privacy Protection Act prohibits businesses from using personally identifiable information pertaining to a minor without first securing permission from the minor's parents or legal guardians or the consumer. Written permission must be signed by both legal guardians and specific, extensive language is prescribed. Personally identifiable information is broadly defined as name, address, e-mail address, social security number, telephone number or any information that would reveal a minor's identity. The legislation also includes a provision restricting the use of a consumer's medical information for any direct marketing purposes without the consumer’s prior written consent.

Last year, Senator Figueroa introduced legislation that was passed that requires businesses to provide, upon request by an individual, a list of the types of personal information shared with third parties, and the names and addresses of the recipients of the personal information. Kids in the Know worked with other groups to alter the bill to let businesses avoid disclosing what they share and who their customers are if they let a consumer opt out of information sharing.

For more information please visit:
http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_1633&sess=CUR&house=B&site=sen

"Opt-out" Legislation Introduced in Assembly

Representative Dennis Mountjoy has introduced the Children's Privacy Protection and Parental Empowerment Act (AB 2537). The legislation prohibits the sale or purchase of personal information of children 15 years of age or under without the consent of the parents or guardian. However, this consent is presumed unless the guardian provides a written request to withdraw consent, an "opt-out" requirement. The sellers of personal information must provide within 20 days of receiving the written request from the guardian the procedure necessary to withdraw consent. The legislation exempts education institutions, organizations, or professional associations, along with non-profit tax-exempt 501(c)(3) entities. Traditionally, Kids in the Know has supported the "opt-out" concept and its members have honored any requests to remove children from lists. Privacy advocates are pushing to strengthen the legislation and converting it to an "opt-in" measure.

For more information please visit:

http://www.leginfo.ca.gov/pub/bill/asm/ab_2501-2550/ab_2537_bill_20040220_introduced.pdf

Wyden Legislation on Agenda

Senator Wyden (D-OR) remains committed to the legislation he introduced last month, the Children's Listbroker Privacy Act (S. 2160), despite the crowded legislative calendar this year. Commercial Alert, an anti-corporate advocacy group, continues its strong support of the legislation and is pushing for action soon. A variety of groups are beginning to educate senators about what's wrong with the approach. The bill prohibits the sale of lists of children under the age of 16 without first getting parental consent.

The bill has been referred to the Committee on Commerce, Science and Transportation but no hearing has yet been scheduled. Kids in the Know had an initial meeting with Senator Wyden's primary staffer on the issue, where the Senator's commitment to the legislation and issue was reemphasized. We will continue to work with Wyden and his staff to alter the legislation as it moves forward.

For more information, copies of the bills, or additional analysis write info@kidsintheknow.org, visit www.kidsintheknow.org, or call Michael Fleischer at 202/667-0901.