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Congress may once again turn its attention to privacy issues, as two sweeping
new bills were introduced last month in the Senate and the House by two lawmakers
who have long played a leading role on this issue. While both bills deal with
a wide range of issues, and neither is focused on children, elements of both
proposals could adversely affect Kids in the Know members and their information-sharing
and gathering activities.
Comprehensive Feinstein Bill
Senator Dianne Feinstein (D-CA) introduced parental-consent legislation back
in 1996, prompting the formation of Kids in the Know. Now, while moving away
from a focus on children, she has returned to the issue and introduced The
Privacy Act (S. 745) to combat identity theft and "give consumers more control
over how their personal information is used."
This broad legislation covers everything from the use of Social Security numbers,
identity theft, the use of financial information and a number of other privacy
issues.
The primary threat to Kids in the Know members is the broad and consuming
notice requirements. Organizations would be required to provide notices to
individuals containing the following information:
- The identity of the organization collecting the information
- The type of information being collected
- How the organization may use the information
- A description of the categories of potential participants of the information
Also of note to Kids in the Know are the stipulations related to "non-sensitive
personal information", such as names and addresses. The legislation would
require companies that collect, market or sell this information to allow individuals
to withhold this information (or opt-out) if they desire.
The legislation also applies to non-profits that would normally be exempt
from coverage under the Federal Trade Commission Act.
Alternative Bill in the House
As Chairman of the House Commerce, Trade & Consumer Protection Subcommittee,
Representative Cliff Stearns (R-FL) last year held a series of hearings on
privacy issues and introduced comprehensive privacy legislation. Now he’s
reintroduced The Consumer Privacy Protection Act of 2003 (HR 1636), which
builds on last year’s measure.
A centerpiece of the legislation, affecting Kids in the Know members, are
mandates for notice or privacy statement about the use personally identifiable
information, and a requirement that consumers be allowed to limit the disclosure
of their information to third parties. (The notice requirements are similar
to those in S 745.)
The more controversial requirements include:
- A clear and prominent statement of the fact the information is subject to
sale or disclosure
- The type of information that may be sold or disclosed
- A description of each class of organization to which the information may be
sold or disclosed
A provision also requires giving consumers the opportunity to limit the sale
or disclosure of their personal information.
Student Privacy Lawsuits
The US Department of Education has yet to write regulations governing the
student privacy provisions of the education bill signed into law in January
2002. But the focus on school information continues, as Representative Robert
Andrews has introduced The Student Privacy Protection Act of 2003 (HR 1848).
The measure provides parents and students the right to sue schools for violating
their right to privacy or access to their education records. While the bill
would not harm Kids in the Know members directly, applying to long-standing
privacy laws protecting school records, we may need to assist our school allies
in addressing its concerns.
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