[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 536 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 536

  To amend the Gramm-Leach-Bliley Act to provide for a limitation on 
  sharing of marketing and behavioral profiling information, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2001

  Mr. Shelby introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the Gramm-Leach-Bliley Act to provide for a limitation on 
  sharing of marketing and behavioral profiling information, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Behavioral Profiling 
Act of 2000''.

SEC. 2. LIMITATION ON SHARING OF MARKETING AND BEHAVIORAL PROFILING 
              INFORMATION.

    Section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802) is 
amended by adding at the end the following:
    ``(f) Limitation on Sharing of Marketing and Behavioral Profiling 
Information.--
            ``(1) Limitation.--Except as provided in paragraph (2), a 
        financial institution may not disclose to any person--
                    ``(A) any information for the purpose of marketing 
                nonfinancial products to the consumer to whom the 
                information pertains; or
                    ``(B) the identity of any person or entity--
                            ``(i) to whom that consumer has made a 
                        payment by check or similar instrument;
                            ``(ii) with whom that consumer has engaged 
                        in a credit transaction; or
                            ``(iii) from whom that consumer has 
                        received any payment or transfer of funds.
            ``(2) Exception.--A financial institution may disclose the 
        information listed in paragraph (1) only if--
                    ``(A) the financial institution clearly and 
                conspicuously discloses to the consumer to whom the 
                information pertains, in writing (or other form, 
                including electronic form, permitted by the regulations 
                prescribed under section 504), that such information 
                may be disclosed; and
                    ``(B) the consumer--
                            ``(i) has affirmatively consented in 
                        writing to the transfer of such information; 
                        and
                            ``(ii) has not withdrawn the consent.''.

SEC. 3. CONFORMING AMENDMENTS.

    Section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802) is 
amended--
            (1) in subsection (a), by inserting before the period ``, 
        or, in the case of information described in subsection (f)(1), 
        the requirements of subsection (f)(2) have been met'';
            (2) in subsection (b), by striking the subsection heading 
        and inserting ``Consumer Options.--''; and
            (3) in subsection (b)(1)--
                    (A) by striking ``party unless--'' and inserting 
                ``party--
                    ``(A) unless--'';
                    (B) by striking ``(A) such'' and inserting ``(i) 
                such'' and indenting appropriately;
                    (C) by striking ``(B) the consumer'' and inserting 
                ``(ii) the consumer'' and indenting appropriately;
                    (D) by striking ``(C) the consumer'' and inserting 
                ``(iii) the consumer'' and indenting appropriately;
                    (E) by striking ``option.'' and inserting ``option; 
                or''; and
                    (F) by adding at the end the following:
                    ``(B) unless, in the case of information described 
                in subsection (f)(1), the requirements of subsection 
                (f)(2) have been met.''.
                                 <all>