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White House Releases Consumer Privacy Bill of Rights
Practical Law Legal Update 1-518-1702 (Approx. 3 pages)
White House Releases Consumer Privacy Bill of Rights
by PLC Intellectual Property & Technology
| Published on 23 Feb 2012 • USA (National/Federal) |
The Obama Administration has released a Consumer Privacy Bill of Rights as part of a larger framework aimed at protecting consumer privacy. Additionally, the Adminstration announced the commitment of leading internet companies and online advertising networks to the use of Do Not Track technology in most major web browsers.
On February 23, 2012, the Obama Administration announced a Consumer Privacy Bill of Rights as part of a comprehensive blueprint for protecting individual privacy rights and giving users more control over how their personal information is used by companies.
The Consumer Privacy Bill of Rights provides for:
- Individual Control. Consumers have a right to exercise control over what personal data organizations collect from them and how they use it.
- Transparency. Consumers have a right to easily understandable information about privacy and security practices.
- Respect for Context. Consumers have a right to expect that organizations will collect, use and disclose personal data in ways that are consistent with the context in which consumers provide the data.
- Security. Consumers have a right to secure and responsible handling of personal data.
- Access and Accuracy. Consumers have a right to access and correct personal data in usable formats, in a manner that is appropriate to the sensitivity of the data and the risk of adverse consequences to consumers of inaccuracies.
- Focused Collection. Consumers have a right to reasonable limits on the personal data that companies collect and retain.
- Accountability. Consumers have a right to have personal data handled by companies with appropriate measures in place to assure they adhere to the Consumer Privacy Bill of Rights.
The Consumer Privacy Bill of Rights is one of four major elements of the overall privacy blueprint, which also includes:
- A stakeholder-driven process to specify how the rights apply in particular business contexts.
- FTC enforcement.
- Increased interoperability between the US privacy framework and those of other countries.
The Administration's Next Steps
In its press release, the Administration announced that the Commerce Department's National Telecommunications and Information Administration will soon convene companies, privacy advocates and others stakeholders to establish specific practices or codes of conduct to implement the principles of the Consumer Privacy Bill of Rights. Further, the White House stated that it intends to work with Congress to develop comprehensive legislation based on the Consumer Privacy Bill of Rights and provide the FTC with enforcement authority.
Commitment on Use of Do Not Track Technology
Additionally, the Administration announced a commitment by leading internet companies and online behavioral advertisers to use Do Not Track technology from the World Wide Web Consortium in most major web browsers, to make it easier for users to control online behavioral tracking. According to the White House, the commitment includes companies representing the delivery of 90% of online behavioral advertisements, including Google and Yahoo!, and is subject to FTC enforcement.