I
106TH CONGRESS
1ST SESSION
H. R. 3321
To prevent unfair and deceptive practices in the collection and use of personal
information, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 10, 1999
Mr. MARKEY (for himself and Mr. LUTHER) introduced the following bill;
which was referred to the Committee on Commerce, and in addition to
the Committees on Banking and Financial Services, Transportation and
Infrastructure, and Agriculture, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To prevent unfair and deceptive practices in the collection
and use of personal information, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Electronic Privacy Bill
of Rights Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) As our Nation’s communications networks
continue to grow and become ever more sophisti-
cated, more individuals and industries will be using
such networks to communicate and conduct commer-
cial transactions.
(2) The ease of gathering and compiling per-
sonal information during such communications, both
overtly and surreptitiously, is becoming increasingly
efficient and almost effortless due to advances in
digital telecommunications technology.
(3) Consumers have an ownership interest in
their personal information.
(4) Consumers must have knowledge that per-
sonal information is being collected about them; con-
sumers must be given conspicuous notice if the re-
cipient of that information intends to reuse it for
other purposes, or disclose, or sell it; and consumers
must have the ability to control the extent to which
personal information is collected about them and the
right to prohibit or curtail any unauthorized use,
reuse, disclosure or sale of their personal informa-
tion.
(5) Internet protocols, which continue to evolve,
may place decision-making power in the hands of
consumers and enable them to effectively and effi-
ciently authorize or deny collection and use of their
personal information.
(6) Fair information practices include providing
consumers with knowledge of any data collection,
conspicuous consumer notice of an entity’s data
practices, consumer choice to provide consent or
deny authorization for such practices, access to data
collected, safeguards to ensure data integrity, and
contact information.
(7) A recent survey of websites conducted by
Georgetown Business School found that only 9.5
percent of Web sites surveyed contained a privacy
policy embodying fair information practices such as
knowledge, notice, choice, access, security, and con-
tact information.
(8) It is important to establish personal privacy
rights and industry obligations now so that con-
sumers have confidence that their personal privacy is
fully protected on our Nation’s telecommunications
networks.
(9) Industry efforts, with Government encour-
agement and oversight, to assist consumers through
the development of standards and protocols that em-
body fair information practices for the collection and
dissemination of personal information are critical to
permit consumers to better control dissemination of
their personal information.
(10) Robust Internet commerce throughout the
nation is threatened by consumer concern over pri-
vacy and the lack of national rules governing per-
sonal privacy rights.
(11) Adoption of fair information policies,
standards, and practices, along with the widespread
implementation and utilization of technological tools
designed to empower consumers, may limit the scope
of Government rules needed to protect consumers.
(12) A national privacy policy that relies in part
upon industry self-regulatory initiatives, techno-
logical tools for consumers, and Government-backed
protections is needed to foster future development of
electronic commerce and to safeguard the essential
rights of individuals with respect to collection and
use of their personal data.
SEC. 3. TREATMENT OF UNFAIR AND DECEPTIVE ACTS AND
PRACTICES IN CONNECTION WITH THE COL-
LECTION AND USE OF PERSONAL INFORMA-
TION.
(a) ACTS PROHIBITED.—
(1) IN GENERAL.—It is unlawful for an oper-
ator of a website or online service to collect personal