DelBene Introduces National Consumer Data Privacy Legislation

Press Release

Today, Congresswoman Suzan DelBene (WA-01) introduced the Information Transparency and Personal Data Control Act, legislation that would create a national data privacy standard to protect our most personal information and bring our laws into the 21st Century.

Currently there is no federal data privacy law, resulting in states pursuing their own consumer privacy policies. However, in our digital world, a patchwork of different state laws will lead to confusion for people and businesses. A national standard is necessary to establish a uniform set of rights for consumers and create one set of rules for businesses to operate in.

The bill protects personal information including data relating to financial, health, genetic, biometric, geolocation, sexual orientation, citizenship and immigration status, Social Security Numbers, and religious beliefs. It also keeps information about children under 13 years of age safe.

"Data privacy is a 21st Century issue of civil rights, civil liberties, and human rights and the U.S. has no policy to protect our most sensitive personal information from abuse. With states understandably advancing their own legislation in the absence of federal policy, Congress needs to prioritize creating a strong national standard to protect all Americans. This bill will create those critical protections," said DelBene. "This is an international issue as much as it is a domestic concern. If we do not have a clear domestic policy, we will not be able to shape standards abroad, and risk letting others, like the European Union, drive global policy."

Key elements of the Information Transparency and Personal Data Control Act include:

Plain English: Requires companies to provide their privacy policies in "plain English."
Opt-in: Allows users to "opt-in" before companies can use their most sensitive private information in ways they might not expect.
Disclosure: Increases transparency by requiring companies to disclose if and with whom their personal information will be shared and the purpose of sharing the information.
Preemption: Creates a unified national standard and avoids a patchwork of different privacy standards by preempting conflicting state laws.
Enforcement: Gives the Federal Trade Commission (FTC) strong rulemaking authority to keep up with evolving digital trends and the ability to fine bad actors on the first offense. Empowers state attorneys general to also pursue violations if the FTC chooses not to act.
Audits: Establishes strong "privacy hygiene" by requiring companies to submit privacy audits every 2 years from a neutral third party.
Many of these provisions are adapted from state privacy laws and proposals.

A national data privacy standard would support consumer confidence when using technology. Research shows 70 percent of Americans believe that their personal data is less secure now than it was five years ago. Similarly, 45 percent of Americans have had their personal information compromised in a data breach in the last five years with limited to no accountability for those responsible.

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