Skip to main content

Update: Representative Cliff Stearns (R-FL) gets into the privacy legislation act

Tech Daily Dose reports on the House of Representatives' entry into the federal privacy legislation act.

The Consumer Privacy Protection Act of 2011 specifically would:

• Require covered entities to notify consumers that their personally identifiable information as defined in the bill may be used for a purpose unrelated to the transaction.

• Require entities to notify consumers of any material change in their privacy policy.

• Require covered entities to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information and such policy be made easily available for consumers.

• Require an entity to provide consumers the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner.

• Provide for a Federal Trade Commission (FTC) approved five-year self-regulatory program and prescribes requirements for a self-regulatory consumer dispute resolution process.

• Require the FTC to presume that an entity is in compliance with this Act if it participates in an approved self-regulatory program.

• No private right of action.

• Full state preemption.

 

Subscribe To Viewpoints

Content Publishers

Cynthia J. Larose

Member / Chair, Privacy & Cybersecurity Practice

Cynthia J. Larose is a highly regarded attorney in the privacy and security field and a Certified Information Privacy Professional. She helps Mintz clients with data security issues. Cynthia conducts privacy audits, crafts procedures to protect data, and advises clients on regulations.