Comprehensive New Approach Modernizes Current ‘Notice and Choice Model’
Washington, D.C., December 3, 2019 – Privacy for America, a coalition of top trade organizations and companies representing a broad cross-section of the American economy, today released a comprehensive new framework for nationwide privacy legislation that would fundamentally change the way consumer privacy and security are protected in this country.
The framework represents a new approach to data privacy that would not rely on the current ‘notice and choice’ model, which presents consumers with endless and complex privacy notices that they are essentially forced to accept if they want to participate in today’s economy. Instead, this new approach clearly defines and would make illegal data practices that would harm consumers or otherwise make personal data vulnerable to breach or misuse, while preserving the benefits that come from the responsible use of data and ensuring the economy can grow and innovate. This new paradigm shifts the burden away from consumers and toward a common set of privacy norms, backed by strong enforcement to ensure accountability by the businesses and organizations that use data every day.
The coalition hopes the framework, which expands and builds upon principles released in April, will advance policy discussions and help build the consensus necessary to enact bipartisan data privacy legislation this Congress.
“This framework offers a detailed new approach with robust protections for consumers and clear penalties for companies that do not comply,” said Stuart Ingis, coordinator of the Privacy for America coalition.
In addition to enumerating prohibited data uses, Privacy for America’s new paradigm includes several additional provisions that together constitute a comprehensive privacy framework. Among the framework’s provisions are:
- Prohibitions against using consumer data to determine eligibility for a job, health care, financial aid, insurance, credit or housing outside of existing laws governing eligibility for these important benefits;
- Prohibitions against discrimination by using consumer data to set higher prices based on an individual’s race, color, religion, sexual orientation, and more;
- Prohibitions against using sensitive information like health, financial, biometric, and geolocation data without first obtaining users’ express consent;
- Provisions protecting so-called “tweens”: a vulnerable group of consumers over age 12 and under age 16 that is actively engaged online but not often subject to constant parental oversight;
- A requirement that companies make privacy policies much easier to read and understand;
- Provisions that give consumers the right to request access to and deletion of the personal information that a company holds about them, as well as the right to port certain data from one platform to another;
- Individuals can choose to limit companies’ use of personal information to draw detailed inferences or make predictions about them, with certain exceptions; and
- Significant new rulemaking authority, resources, and staff that will allow the Federal Trade Commission to more aggressively pursue and punish bad actors, bolstered by enforcement by state attorneys general.
Privacy for America provides a powerful advocacy platform representing industry, including the advertising industry, with members from virtually every sector of the economy. The steering committee includes leaders from the 4A’s (American Association of Advertising Agencies), ANA (Association of National Advertisers), Digital Advertising Alliance (DAA), IAB (Interactive Advertising Bureau), and NAI (Network Advertising Initiative).
To see comprehensive federal data privacy legislation enacted, Privacy for America members will continue to meet with leaders in Congress, the FTC, the Department of Commerce, the White House, companies across sectors of the U.S. economy, and other stakeholders. To learn more and read the coalition’s policy framework, please visit www.PrivacyforAmerica.com.
