LEGISLATIVE UPDATE
TWO NEW PRIVACY BILLS INTRODUCED IN CONGRESS | |
Calling the increase in marketing to children in schools "one of the most disturbing commercial trends," Senator Chris Dodd (D-CT) last month introduced the Student Privacy Protection Act. The bill is a companion to legislation introduced in the House last October by Rep. George Miller (D-CA).
While the authors are primarily concerned with market research in schools, the bills could have a broader impact. With minor modifications they could have serious implications for many Kids in the Know members.
Identical to Miller’s bill, Dodd’s legislation
(S. 1908) would prohibit schools from entering into agreements with organizations to "monitor, receive, gather, or obtain information (about students under 18) intended for commercial use" without obtaining prior, written parental consent.
In addition, the bill requires that before a school or district enters into an agreement with a third party it will inquire whether the information gathered will be "sold, distributed, or transferred to other parties," and the amount of class time it will take to gather the information. (These bills do not prohibit a school from giving lists of kids to outside organizations.)
Last week, Kids in the Know met with a representative from Sen. Dodd’s office to discuss the legislation and explain how Kids in the Know members serve children. Dodd, who hopes to move S. 1908 early next year, intends to add the bill to the reauthorization of the Elementary and Secondary Education Act, which governs all federal K-12 programs.
The bill also calls for a comprehensive study of commercialism and student privacy issues.
| | | Privacy Study Introduced
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Also last month, Senators Herbert Kohl (D-WI) and Robert Toricellli (D-NJ) introduced legislation that would form a Commission to investigate privacy concerns.
The nine-member Commission will "explore and fully examine the current complexities of privacy protection" and provide advice and recommendations to the Committee on the Judiciary as to whether new privacy laws are needed. It will be comprised of experts in the fields of law, civil rights and liberties, privacy matters, business, or information technology.
Meanwhile, the General Accounting Office (GAO) has already begun a similar privacy study of commercialism in schools.
Mass. Bill Still Under Active Consideration
Lawmakers in Massachusetts continue to consider legislation introduced by Lt. Gov. Jane Swift (R) that would have several implications for Kids in the Know members. The bill would prohibit the collection and dissemination of information about children under the age of 13 without parental consent. It also requires firms that collect and sell personal information to notify consumers when their information has been distributed and allow them access to it.
In a letter to key legislators sent in October, Kids in the Know stated that the bill would "effectively destroy the ability of our organizations to continue providing valuable information to children and families." The legislature is expected to take up the measure again when it reconvenes next year.
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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.
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