Consumer Privacy Protection Act of 2005

Bill: 109-hr-1263
Sponsor: Rep. Stearns, Cliff [R-FL-6]
Introduced: 2005-03-10 in the House
Policy area: Commerce
Subjects: Administrative procedure
Administrative remedies
Civil Rights and Liberties, Minority Issues
Commercial arbitration
Computer networks
Computer security measures
Computer software
Congress
Congressional investigations
Congressional reporting requirements
Consumer complaints
Consumer education
Consumer protection
Crime and Law Enforcement
Criminal statistics
Data banks
Electronic commerce
Federal Trade Commission
Federal preemption
Fines (Penalties)
Foreign Trade and International Finance
Fraud
Government Operations and Politics
Government paperwork
Government statistics
Grievance procedures
Identification devices
Independent regulatory commissions
Information networks
Information services
Injunctions
International Affairs
International agencies
International competitiveness
Internet
Larceny
Law
Liability (Law)
Restrictive trade practices
Right of privacy
Science, Technology, Communications
Security measures
Signs and symbols
Telephone
Trade negotiations
Treaties
Victims of crimes
Web sites

Summary:
action_date: 2005-03-10
text: 
Consumer Privacy Protection Act of 2005 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change.
 
Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information.
 
Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization.
 
Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information.
 
Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process.
 
Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers.
 
Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact.
 
Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce.


Legislative actions:
action_date: 2005-03-22
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2005-03-10
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-10
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-10
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-10
text: Introduced in House
action_date: 2005-03-10
text: Introduced in House