[Congressional Record Volume 146, Number 135 (Wednesday, October 25, 2000)]
[Senate]
[Pages S10963-S10964]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PRIVACY LEGISLATION

  Mr. GORTON. Mr. President, we live in a period of unprecedented 
prosperity and opportunity.
  We can go more places than ever before. We are living longer and 
healthier lives than ever before. We are employed in jobs today that 
were unthinkable just a few years ago.
  Our lives have changed dramatically because of computers, the 
Internet and technology.
  But with all the good that comes with technology, there are elements 
that cause us concern. One such concern that has captured our attention 
is the issue of privacy.
  As more of us use the Internet to shop and conduct business, more of 
our personal information is being spread throughout the web. That 
information, in many instances, is used properly and in a way that is 
good for consumers. But as in any field, there are those who abuse the 
public trust by using this personal information in unethical ways.
  Because of concerns about consumer privacy, the Senate has considered 
how we might do better at protecting consumers while not unwittingly 
turning off the Internet engine that is such a key part of the economic 
prosperity we currently enjoy.
  The Senate Commerce Committee recently held its third hearing this 
year on the privacy of information gathered from consumers who use the 
Internet. Since the Federal Trade Commission recommended legislation in 
this area earlier this session, I, and I believe a substantial number 
of my colleagues, have come to agree that we must act on this issue in 
the not-too-distant-future.
  I have come to believe that Federal legislation is needed to protect 
consumers. I don't think that the current voluntary privacy policies 
are sufficient. Consumers who use the Internet should be given more 
information about what data is being gathered about them, and they 
should be given greater control over how this data is used.
  I have also come to believe that Federal legislation is needed to 
protect and improve Internet commerce which, of course, benefits 
consumers and businesses alike. Not only will the assurance of 
adequate, enforceable privacy standards increase consumers' comfort 
with on-line transactions, but the possibility of States acting to 
protect consumers in the absence of a Federal law threatens to create a 
patchwork of conflicting privacy mandates that could be hard to apply 
to a medium that does not recognize State borders.
  Though I know that I support Federal legislation regarding the on-
line collection and use of consumer information, I confess to not 
knowing at this time exactly what should be legislated. At the last 
hearing in the Senate Commerce Committee we considered three different 
bills, and additional, and more varied, bills have been introduced in 
the House of Representatives. I don't know which of these approaches or 
combination of approaches will best protect consumers without making 
on-

[[Page S10964]]

line transactions overly burdensome. On-line merchants, providers of 
both goods and services, have touted the benefits to consumers of using 
the Internet to gather information that facilitates targeted marketing. 
This could very well be the case but I want to know that consumers are 
informed of and agree with these marketing practices.

  Determining more specifically what consumers want from privacy 
legislation is something that I hope we can do in the next session of 
Congress.
  While much, through certainly not all, of the discussion in Congress 
about privacy is focused on the issue of the on-line collection and use 
of consumer information, I think it is also important that Congress 
remain cognizant of the fact that ``privacy'' as it relates to the 
Internet is a far broader and more complex issue. For all of its 
salutary effects, the ease with which the Internet allows for the 
compilation and sharing of private information gathered in the physical 
world, information about financial transactions, medical histories, 
reading habits, eating habits, sleeping habits, information about 
almost every aspect of one's life raises legitimate concerns that 
Congress should and will continue to address.
  The privacy of medical information, which can be intensely personal, 
is one such issue about which Congress must remain vigilant. Improved 
technology along with changes in health care delivery, billing systems, 
information gathering and genetic testing all increase the number of 
people who have access to health records. Americans should know that 
personally identifiable health information is private and they should 
have control over who has access to it. At the same time our challenge 
is to find a way to balance legitimate needs for health care 
information--for example, medical research--and individual privacy 
rights.
  Future Congresses will adopt additional health care reforms. We 
clearly need to improve our Nation's health care system. Although most 
Americans are satisfied with their health care, most Americans are also 
concerned about those in our country who have inadequate health care 
and no hope of improving their situation. I support reforms that 
improve access to quality health care for those who have none, that 
keep intact our wonderful system of hospitals and clinics in all areas 
of our country and that provide people with meaningful choices.
  When future Congresses address this area, one issue I will watch most 
carefully is the amount of health care information that is provided to 
the Government, and how this information is used. We must be careful 
not to adopt measures that give Government regulators the ability to 
peek into people's private medical records. A few years ago, my home 
State of Washington embarked on several health care reforms. Most of 
these reforms were in the wrong direction. Our legislature adopted 
reforms that put the government in charge of health care decisions for 
people and gave a government commission the ability to cancel private 
health insurance coverage in our state.
  I found both of those moves bothersome, but our legislature didn't 
stop at just controlling health care decisions for our citizens. No, 
our legislature took one additional chilling step. It decided that if 
the government was providing health care, as well as dictating which 
private health plans could remain in business, the government should 
have access to personal, private medical records.
  That is going way too far, and fortunately, the good people of 
Washington made sure that radical change was not placed into the law.
  Over the next year, I am convinced that Congress will adopt 
meaningful health care reforms that help people, but as we do that, I 
must constantly advise my colleagues to follow the ``do no harm'' rules 
of medicine and not fall prey to those who believe that government-run 
health care, along with all that it brings, is the right solution to 
this challenge.
  No matter the type of information in question--consumer or medical--
Americans have the right to a reasonable expectation of privacy. 
Thoughtful legislative action is needed at the federal level to address 
the legitimate concerns many Americans currently have in this regard.
  The PRESIDING OFFICER. The Senator from Ohio is recognized.
  Mr. VOINOVICH. Mr. President, I ask unanimous consent to speak for 10 
minutes as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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