Privacy Bill Of Rights

As part of our continuing coverage of the Congressional Privacy Bill, we provide below a deeper examination and explanation of Title II of the bill, the Do Not Track Kids Act of 2015.  The Do Not Track Kids Act of 2015 amends the Children’s Online Privacy Protection Act (“COPPA”) by making its protections more expansive and robust.  Specifically, the bill extends COPPA’s protections to teenagers, expands the scope of the entities subject to COPPA’s provisions, and imposes new obligations on those entities.

COPPA currently requires websites and online services that knowingly collect information from children under the age of 13 or that are targeted toward children under the age of 13 to make certain disclosures and obtain parental consent before collecting and using personally identifiable information obtained from children.
Continue Reading Congressional Privacy Bill: Do Not Track Kids Act of 2015

By Caleb Skeath

As we reported last this week, the Congressional Privacy Bill (S. 547/H.R. 1053) contains provisions that would establish a national data breach notice law, along with the Commercial Privacy Rights Act of 2015 and the Do Not Track Kids Act of 2015.  Following our analysis of the Commercial Privacy Rights Act, we have analyzed the bill’s data breach provisions below.  These provisions would allow for up to 60-days for individual notifications following discovery of a breach, and the bill’s definition of “personally identifiable information” (PII) is significantly broader than any anologous definition within the current state data breach notification laws.  Continue reading for an in-depth analysis of the data breach provisions, and stay tuned for forthcoming analysis of the Do Not Track Kids Act of 2015.
Continue Reading Congressional Privacy Bill: Data Breach Notice Provisions

By Caleb Skeath

As we reported yesterday, the Congressional Privacy Bill has been released, following the release of the White House’s proposal for a privacy bill in late February.  The bill contains the Commercial Privacy Rights Act of 2015, the Congressional counterpart to the White House’s proposal, along with data breach notification provisions and the “Do Not Track Kids Act of 2015,” which proposes substantial revisions to the Children’s Online Privacy Protection Act (COPPA).  As with the White House proposal, the Privacy Rights Act would implement a comprehensive regime of substantive privacy requirements.  Our analysis of the Commercial Privacy Rights Act is below, and we will separately post further analysis of the data breach provisions as well as the Do Not Track Kids Act.
Continue Reading Congressional Privacy Bill: Commercial Privacy Rights Act of 2015

In a speech this week at the U.S. Chamber of Commerce, White House Deputy Chief Technology Officer for Internet Policy Daniel Weitzner announced that the Administration will soon roll out a “privacy bill of rights,” which he described as a “broad, high-level statement of principles” that could be enforced by the FTC.  Weitzner emphasized