| Home > 107th Congressional Bills > S. 746 (is) Expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and for other purposes. [Intro...
S. 746 (is) Expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and for other purposes. [Intro...
108th CONGRESS 1st Session S. 745 To require the consent of an individual prior to the sale and marketing of such individual's personally identifiable information, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 31, 2003 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the consent of an individual prior to the sale and marketing of such individual's personally identifiable information, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Privacy Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--COMMERCIAL SALE AND MARKETING OF PERSONALLY IDENTIFIABLE INFORMATION Sec. 101. Collection and distribution of personally identifiable information. Sec. 102. Enforcement. Sec. 103. Safe harbor. Sec. 104. Definitions. Sec. 105. Preemption. Sec. 106. Effective Date. TITLE II--SOCIAL SECURITY NUMBER MISUSE PREVENTION Sec. 201. Findings. Sec. 202. Prohibition of the display, sale, or purchase of social security numbers. Sec. 203. Application of prohibition of the display, sale, or purchase of social security numbers to public records. Sec. 204. Rulemaking authority of the Attorney General. Sec. 205. Treatment of social security numbers on government documents. Sec. 206. Limits on personal disclosure of a social security number for consumer transactions. Sec. 207. Extension of civil monetary penalties for misuse of a social security number. Sec. 208. Criminal penalties for the misuse of a social security number. Sec. 209. Civil actions and civil penalties. Sec. 210. Federal injunctive authority. TITLE III--LIMITATIONS ON SALE AND SHARING OF NONPUBLIC PERSONAL FINANCIAL INFORMATION Sec. 301. Definition of sale. Sec. 302. Rules applicable to sale of nonpublic personal information. Sec. 303. Exceptions to disclosure prohibition. Sec. 304. Conforming amendments. Sec. 305. Regulatory authority. Sec. 306. Effective date. TITLE IV--LIMITATIONS ON THE PROVISION OF PROTECTED HEALTH INFORMATION Sec. 401. Definitions. Sec. 402. Prohibition against selling protected health information. Sec. 403. Authorization for sale or marketing of protected health information by noncovered entities. Sec. 404. Prohibition against retaliation. Sec. 405. Rule of construction. Sec. 406. Regulations. Sec. 407. Enforcement. TITLE V--DRIVER'S LICENSE PRIVACY Sec. 501. Driver's license privacy. TITLE VI--MISCELLANEOUS Sec. 601. Enforcement by State Attorneys General. Sec. 602. Federal injunctive authority. TITLE I--COMMERCIAL SALE AND MARKETING OF PERSONALLY IDENTIFIABLE INFORMATION SEC. 101. COLLECTION AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION. (a) Prohibition.-- (1) In general.--It is unlawful for a commercial entity to collect personally identifiable information and disclose such information to any nonaffiliated third party for marketing purposes or sell such information to any nonaffiliated third party, unless the commercial entity provides-- (A) notice to the individual to whom the information relates in accordance with the requirements of subsection (b); and (B) an opportunity for such individual to restrict the disclosure or sale of such information. (2) Exception.--A commercial entity may collect personally identifiable information and use such information to market to potential customers such entity's product. (b) Notice.-- (1) In general.--A notice under subsection (a) shall contain statements describing the following: (A) The identity of the commercial entity collecting the personally identifiable information. (B) The types of personally identifiable information that are being collected on the individual. (C) How the commercial entity may use such information. (D) A description of the categories of potential recipients of such personally identifiable information. (E) Whether the individual is required to provide personally identifiable information in order to do business with the commercial entity. (F) How an individual may decline to have such personally identifiable information used or sold as described in subsection (a). (2) Time of notice.--Notice shall be conveyed prior to the sale or use of the personally identifiable information as described in subsection (a) in such a manner as to allow the individual a reasonable period of time to consider the notice and limit such sale or use. (3) Medium of notice.--The medium for providing notice must be-- (A) the same medium in which the personally identifiable information is or will be collected, or a medium approved by the individual; or (B) in the case of oral communication, notice may be conveyed orally or in writing. (4) Form of notice.--The notice shall be clear and conspicuous. (c) Opt-Out.-- (1) Opportunity to opt-out of sale or marketing.--The opportunity provided to limit the sale of personally identifiable information to nonaffiliated third parties or the disclosure of such information for marketing purposes, shall be easy to use, accessible and available in the medium the information is collected, or in a medium approved by the individual. (2) Duration of limitation.--An individual's limitation on the sale or marketing of personally identifiable information shall be considered permanent, unless otherwise specified by the individual. (3) Revocation of consent.--After an individual grants consent to the use of that individual's personally identifiable information, the individual may revoke the consent at any time, except to the extent that the commercial entity has taken action in reliance thereon. The commercial entity shall provide the individual an opportunity to revoke consent that is easy to use, accessible, and available in the medium the information was or is collected. (4) Not applicable.--This section shall not apply to disclosure of personally identifiable information-- (A) that is necessary to facilitate a transaction specifically requested by the consumer; (B) is used for the sole purpose of facilitating this transaction; and (C) in which the entity receiving or obtaining such information is limited, by contract, to use such formation for the purpose of completing the transaction. SEC. 102. ENFORCEMENT. (a) In General.--In accordance with the provisions of this section, the Federal Trade Commission shall have the authority to enforce any violation of section 101 of this Act. (b) Violations.--The Federal Trade Commission shall treat a violation of section 101 as a violation of a rule under section 18a(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (c) Transfer of Enforcement Authority.--The Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, allowing for the transfer of enforcement authority from the Federal Trade Commission to a Federal agency regarding section 101 of this Act. The Federal Trade Commission may permit a Federal agency to enforce any violation of section 101 if such agency submits a written request to the Commission to enforce such violations and includes in such request-- (1) a description of the entities regulated by such agency that will be subject to the provisions of section 101; (2) an assurance that such agency has sufficient authority over the entities to enforce violations of section 101; and (3) a list of proposed rules that such agency shall use in regulating such entities and enforcing section 101. (d) Actions by the Commission.--Absent transfer of enforcement authority to a Federal agency under subsection (c), the Federal Trade Commission shall prevent any person from violating section 101 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as provided to such Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Any entity that violates section 101 is subject to the penalties and entitled to the privileges and immunities provided in such Act in the same manner, by the same means, and with the same jurisdiction, power, and duties under such Act. (e) Relationship to Other Laws.-- (1) Commission authority.--Nothing contained in this title shall be construed to limit authority provided to the Commission under any other law. (2) Communications act.--Nothing in section 101 requires an operator of a website to take any action that is inconsistent with the requirements of section 222 or 631 of the Communications Act of 1934 (47 U.S.C. 222 and 5551). (3) Other acts.--Nothing in this title is intended to affect the applicability or the enforceability of any provision of, or any amendment made by-- (A) the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.); (B) title V of the Gramm-Leach-Bliley Act; (C) the Health Insurance Portability and Accountability Act of 1996; or (D) the Fair Credit Reporting Act. (f) Public Records.--Nothing in this title shall be construed to restrict commercial entities from obtaining or disclosing personally identifying information from public records. (g) Civil Penalties.--In addition to any other penalty applicable to a violation of section 101(a), a penalty of up to $25,000 may be issued for each violation. (h) Enforcement Regarding Programs.-- (1) In general.--A Federal agency or department providing financial assistance to any entity required to comply with section 101 of this Act shall issue regulations requiring that such entity comply with such section or forfeit some or all of such assistance. Such regulations shall prescribe sanctions for noncompliance, require that such department or agency provide notice of failure to comply with such section prior to any action being taken against such recipient, and require that a determination be made prior to any action being taken against such recipient that compliance cannot be secured by voluntary means. (2) Federal financial assistance.--The term ``Federal financial assistance'' means assistance through a grant, cooperative agreement, loan, or contract other than a contract of insurance or guaranty. SEC. 103. SAFE HARBOR. A commercial entity may not be held to have violated any provision of this title if such entity complies with self-regulatory guidelines that-- (1) are issued by seal programs or representatives of the marketing or online industries or by any other person; and (2) are approved by the Federal Trade Commission, after public comment has been received on such guidelines by the Commission, as meeting the requirements of this title. SEC. 104. DEFINITIONS. In this title: (1) Commercial entity.--The term ``commercial entity''-- (A) means any person offering products or services involving commerce-- (i) among the several States or with 1 or more foreign nations; (ii) in any territory of the United States or in the District of Columbia, or between any such territory and-- (I) another such territory; or (II) any State or foreign nation; or (iii) between the District of Columbia and any State, territory, or foreign nation; and (B) does not include-- (i) any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45); (ii) any financial institution that is subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or (iii) any group health plan, health insurance issuer, or other entity that is subject to the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 201 note). (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Individual.--The term ``individual'' means a person whose personally identifying information has been, is, or will be collected by a commercial entity.
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