3.0.0 611 2023-01-11T13:20:38Z 2023-01-11T13:20:38Z House H HR 2011-02-10 112 [Pages H681-H682]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. RUSH:H.R. 611.Congress has the power to enact this legislation pursuantto the following:[The Congress shall have Power] To regulate Commerce withforeign Nations, and among the several States, and with theIndian tribes. U.S. Const., Art. I, Sec. 8, Cl. 3. Morespecifically, the Interstate Commerce[[Page H682]]Clause--the second of the three enumerated commerce clausepowers that the Constitution confers upon Congress--serves asthe constitutional basis for this legislation. Further, perthe landmark U.S. Supreme Court case, Griswold v. Connecticut(1965), the Court held that the Constitution protects anindividual's right to privacy, which is contained in the``penumbras'' and ``emanations'' of other constitutionalprotections. Three of the concurrences to the majorityGriswold opinion based the right to privacy on both the NinthAmendment and the due process clause found in the FourteenthAmendment. Finding such support in the Fourteenth Amendmentis notable, in part, as at least ten (10) states (AL, AZ, CA,FL, HI, IL, LA, MO, SC, WA) expressly recognize a person'sright to privacy in their own state constitutions. Electedfederal public officials, federal and state policy makers,industry, consumer and privacy advocacy groups all agree thatpersonal privacy of consumer information must be protected inorder for e-commerce business models and businesses (inparticular), which make use of Internet- and intranet-basedplatforms and networks to be successful and sustainable.]]> hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2011-02-18T20:54:57Z Referred to 2011-02-10T15:01:05Z 2011-02-18 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Commerce, Manufacturing, and Trade. Committee 2011-02-10 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2011-02-10 Introduced in House IntroReferral Intro-H 9 Library of Congress 2011-02-10 Introduced in House IntroReferral 1000 9 Library of Congress R000515 Rep. Rush, Bobby L. [D-IL-1] BOBBY RUSH D IL L. 1 N Commerce Administrative law and regulatory procedures Business records Civil actions and liability Consumer affairs Federal Trade Commission (FTC) Internet and video services Internet, web applications, social media Right of privacy Commerce 00 2011-02-10 Introduced in House 2011-04-23T16:44:05Z Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act or the BEST PRACTICES Act - Defines "covered entity" as a person engaged in interstate commerce that collects or stores data containing covered or sensitive information (information), excluding: (1) governments; or (2) any person that stores covered information from or about fewer than 15,000 individuals, collects covered information from or about fewer than 10,000 individuals during any 12-month period, does not collect or store sensitive information, and does not use covered information to monitor or analyze the behavior of individuals as the person's primary business.

Requires a covered entity to make available to individuals whose information it collects or maintains information about its information privacy practices and an individual's options with regard to such practices, including: (1) the covered entity's identity; (2) a description of, the purposes for, and potential disclosure of such information; and (3) the individual's means to access the information, limit its collection, use, and disclosure, and submit inquiries or complaints regarding the covered entity's practices.

Prohibits a covered entity from: (1) collecting, using, or disclosing information unless it provides the information in concise and easy-to-understand notices in accordance with regulations issued by the Federal Trade Commission (FTC) (excludes trade secrets and in-person transactions from such notice requirements); (2) collecting or using information about an individual without the individual's consent (which may be granted affirmatively or by not declining consent after appropriate notification); and (3) disclosing information about an individual to a third party unless the covered entity has received affirmative consent from the individual prior to the disclosure.

Requires a covered entity to assure information accuracy, including by providing an individual with information access and dispute resolution procedures.

Requires each covered entity and service provider to ensure information security, integrity, and confidentiality.

Exempts a covered entity that participates in one or more FTC-approved self-regulatory programs (Choice Program) from: (1) the requirements for express affirmative consent required for information use pursuant to a Choice Program; (2) the requirement of access to information; and (3) private right of action liability.

Provides and specifies the conditions for FTC, state, and private rights of enforcement.

]]> BEST PRACTICES Act Display Title BEST PRACTICES Act Official Title as Introduced To foster transparency about the commercial use of personal information, provide consumers with meaningful choice about the collection, use, and disclosure of such information, and for other purposes. Introduced in House IH Short Titles as Introduced BEST PRACTICES Act Short Titles as Introduced Building Effective Strategies To Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act Introduced in House 2011-02-10T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112hr611ih/xml/BILLS-112hr611ih.xml 2011-02-18 Referred to the Subcommittee on Commerce, Manufacturing, and Trade. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.