3.0.0 799 2020-02-12T18:58:29Z 2020-02-12T18:58:29Z Senate S S 2011-04-12 112 sscm00 Commerce, Science, and Transportation Committee Senate Standing Referred to 2011-04-12T21:03:11Z 2011-04-12 sscm00 Commerce, Science, and Transportation Committee Senate Read twice and referred to the Committee on Commerce, Science, and Transportation. IntroReferral 2011-04-12 Introduced in Senate IntroReferral 10000 9 Library of Congress K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES N M000303 Sen. McCain, John [R-AZ] JOHN MCCAIN R AZ SIDNEY 2011-04-12 True K000367 Sen. Klobuchar, Amy [D-MN] Amy Klobuchar D MN 2011-04-13 False Commerce Administrative law and regulatory procedures Business records Civil actions and liability Consumer affairs Consumer credit Contracts and agency Federal Trade Commission (FTC) Marketing and advertising Right of privacy Telephone and wireless communication Commerce 00 2011-04-12 Introduced in Senate 2011-05-09T14:03:53Z Commercial Privacy Bill of Rights Act of 2011 - Directs the Federal Trade Commission (FTC) to initiate a rulemaking requiring security measures to be carried out by any person (defined in this Act as a "covered entity") collecting, using, transferring, or storing certain personal information (defined in this Act as "covered information") concerning over 5,000 individuals during any consecutive 12-month period who is also: (1) a person whom the FTC is directed to prevent from using unfair methods of competition or deceptive practices in or affecting commerce under specified provisions of the Federal Trade Commission Act; (2) a common carrier subject to the Communications Act of 1934, notwithstanding specified terms and exceptions; or (3) a nonprofit organization, including certain tax-exempt organizations. Requires each such entity to implement a comprehensive information privacy program.

Applies the requirements of this Act to: (1) personally identifiable information; (2) unique identifier information; and (3) any information that is collected, used, or stored in connection with such information in a manner that may reasonably be used to identify a specific individual. Excludes from such measures certain information obtained from public records, shared voluntarily in a forum, reported in the media, or dedicated as workplace contact information.

Requires an FTC rulemaking to require each covered entity to: (1) notify individuals of its information use, storage, transfer, and collection practices, and the purposes of such practices; (2) offer mechanisms for opt-out or opt-in consent, as specified, under various circumstances including for unauthorized information use and use by third parties for behavioral advertising or marketing; (3) provide methods to correct inaccuracies; and (4) permit requests to render information personally unidentifiable or to cease unauthorized or marketing use after the entity's bankruptcy or a termination of service.

Lists the restricted purposes for which collected information must be reasonably necessary. Limits the retention of such information.

Sets forth the contract provisions necessary to use a service provider or to transfer such information to a third party.

Sets forth provisions concerning: (1) enforcement by the FTC and state attorneys general, (2) civil penalties, and (3) safe harbor programs to be administered by nongovernmental organizations. Prohibits any private right of action under this Act.

]]> Commercial Privacy Bill of Rights Act of 2011 Short Titles as Introduced Commercial Privacy Bill of Rights Act of 2011 Display Title Commercial Privacy Bill of Rights Act of 2011 Official Title as Introduced A bill to establish a regulatory framework for the comprehensive protection of personal data for individuals under the aegis of the Federal Trade Commission, and for other purposes. Introduced in Senate 2011-04-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s799is/xml/BILLS-112s799is.xml 2011-04-12 Read twice and referred to the Committee on Commerce, Science, and Transportation. 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.