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"Privacy Bill of Rights" Draft Released

PRIVACY LAW—U.S.

March 24, 2011

Following up on his announcement that he would soon submit the "Commercial Privacy Bill of Rights Act of 2011" during a hearing on the call for federal privacy legislation, Sen. John Kerry (D-MA) and the bill's cosponsor, Sen. John McCain (R-AZ), have published a draft of the legislation. MediaPost reports the draft includes provisions to "give the Federal Trade Commission authority to craft privacy regulations and to operate a Web site where consumers can opt out of online behavioral targeting." In the Hogan Lovells Chronicle of Data Protection, Christopher Wolf highlights major provisions of the draft legislation, including what would constitute PII and "unique identifier information," safe harbor programs, access to data and opt-in consent. "No private rights of action are allowed," Wolf writes, "and state laws--except those dealing with health or financial information, data breach notification or fraud--are preempted."
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