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...


Google
 
Web GovRecords.org








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.

Pages: 1 2 3 4 5 6 Next >>

Other Popular 107th Congressional Bills Documents:

1 H.R. 643 (rh) To reauthorize the African Elephant Conservation Act. [Reported in House] ...
2 H.R. 1376 (ih) To amend the Internal Revenue Code of 1986 to provide that transfers of family-owned business interests shall be exempt from estate taxation. [Introduced in House] ...
3 H.R. 371 (ih) To amend the Individuals with Disabilities Education Act relating to the minimum amount of State grants for any fiscal year under part B of that Act. [Introduced in House] ...
4 S. 829 (is) To establish the National Museum of African American History and Culture within the Smithsonian Institution. [Introduced in Senate] ...
5 S.Con.Res. 19 (is) Honoring the ultimate sacrifice made by 28 United States soldiers killed by an Iraqi missile attack on February 25, 1991, during Operation Desert Storm, and resolving to support appropriate and effective theater missile defense programs...
6 S. 378 (rs) To redesignate the Federal building located at 3348 South Kedzie Avenue, in Chicago, Illinois, as the ``Paul Simon Chicago Job Corps Center''. [Reported in Senate] ...
7 H.R. 614 (ih) To make technical corrections in copyright law. [Introduced in House] ...
8 S. 898 (is) To make technical amendments to the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), provide compensation to certain claimants under such Act, and for other purposes. [Introduced in Senate] ...
9 H.Con.Res. 47 (rds) Honoring the 21 members of the National Guard who were killed in the crash of a National Guard aircraft on March 3, 2001, in south-central Georgia. [Received in the Senate] ...
10 S.Res. 79 (is) Designating May 1, 2001, as ``National Child Care Worthy Wage Day''. [Introduced in Senate] ...
11 H.R. 692 (ih) To amend subpart 2 of part J of title X of the Elementary and Secondary Education Act of 1965 to make improvements to the rural education achievement program. [Introduced in House] ...
12 H.R. 293 (ih) To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes. [Introduced in House] ...
13 H.R. 677 (ih) To amend title 49, United States Code, relating to inspection of commercial motor vehicles entering the United States along the United States-Mexico border, and for other purposes. [Introduced in House] ...
14 H.Con.Res. 32 (rds) Providing for a conditional adjournment of the House of Representatives and a conditional recess or adjournment of the Senate. [Received in the Senate] ...
15 H.R. 1610 (ih) To amend the Agricultural Reconciliation Act of 1993 to make leaf tobacco an eligible commodity for the Market Access Program. [Introduced in House] ...
16 H.R. 667 (ih) To authorize certain States to prohibit the importation of solid waste from other States, and for other purposes. [Introduced in House] ...
17 S. 183 (is) To enhance Department of Education efforts to facilitate the involvement of small business owners in State and local initiatives to improve education. [Introduced in Senate] ...
18 H.R. 1602 (ih) To amend the Fair Labor Standards Act of 1938 to provide that an employee's ``regular rate'' for purposes of calculating overtime compensation will not be affected by certain additional payments. [Introduced in House] ...
19 S. 1057 (is) To authorize the addition of lands to Pu`uhonua o Honaunau National Historical Park in the State of Hawaii, and for other purposes. [Introduced in Senate] ...
20 H.R. 1646 (ih) To authorize appropriations for the Department of State for fiscal years 2002 and 2003, and for other purposes. [Introduced in House] ...
21 H.R. 681 (ih) To amend title 13, United States Code, to provide that the term of office of the Director of the Census shall be 5 years, to require that such Director report directly to the Secretary of Commerce, and for other purposes. [Introduced in Hous...
22 H.Con.Res. 78 (ih) Expressing the sense of the Congress that there should be established a National Minority Health Month. [Introduced in House] ...
23 H.R. 765 (ih) To amend title 18, United States Code, to provide retroactive effect to a sentencing safety valve provision. [Introduced in House] ...
24 H.R. 139 (ih) To provide incentive funds to States that have in effect a certain law. [Introduced in House] ...
25 H.R. 663 (ih) To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research. [Introduced in House] ...
26 H.Con.Res. 141 (ih) Expressing the sense of the Congress that the entertainment industry should stop the negative and unfair stereotyping of Italian-Americans, and should undertake an initiative to present Italian-Americans in a more balanced and positive...
27 H.R. 1830 (ih) To ensure the energy self-sufficiency of the United States by 2011, and for other purposes. [Introduced in House] ...
28 H.R. 1152 (ih) To promote human rights, democracy, and the rule of law by providing a process for executive agencies for declassifying on an expedited basis and disclosing certain documents relating to human rights abuses in countries other than the Unite...
29 H.R. 283 (ih) To amend the Federal Election Campaign Act of 1971 to require the disclosure of certain information by persons conducting phone banks during campaigns for election for Federal office, and for other purposes. [Introduced in House] %%Filename:...
30 H.R. 764 (ih) To amend title 38, United States Code, to provide a presumption of service connection for injuries classified as cold weather injuries which occur in veterans who while engaged in military operations had sustained exposure to cold weather. [...


Other Documents:

107th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy