Commercial Privacy Bill of Rights Act of 2011

Casey BartoNo sooner did I provide a roundup of Do Not Track news, than did Senators John Kerry and John McCain introduce a new privacy bill aimed at addressing the privacy of both online and offline data.
The Commercial Privacy Bill of Rights Act of 2011 calls for the creation of a set of rules that would require businesses that collect consumer data to provide clear, concise, and timely notice to consumers that their data is being collected, how it’s being used, and its transfer. The bill would also require businesses to provide an opt-out method to consumers.

In addition, the proposed legislation would not only require companies to notify consumers of collection and use of personal data, but it would require companies to keep that data safe from hackers.

Data that would be protected includes a variety of personal information such as a person’s email address (if it contains a person’s name), name, and physical address. The bill states that companies can use a person’s collected information to market to them, but only if the person opts-in to have their data collected.

Noting that consumers want to shop and browse in an environment where marketers are respectful of their personal information, McCain stated, “Our legislation sets forth a framework for companies to create such an environment and allows businesses to continue to market and advertise to all consumers, including potential customers. However, the bill does not allow for the collection and sharing of private data by businesses that have no relationship to the consumer for purposes other than advertising and marketing.”

As with the proposed ‘Do Not Track’ legislation, the FTC would enforce the guidelines in the bill. State Attorneys General would also play a part in enforcing the guidelines.

You can read the full bill here What are your thoughts on the newest player to enter the privacy law arena?

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