Amendments to S 2201,
the Online Personal Privacy Act 2002.
Offered by Sen. George Allen
(R-VA).
Date: May 16, 2002.
Source: Office of Sen. Allen.
Editor's Note: All three amendments were rejected on roll call votes.
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Amendments to S 2201,
the Online Personal Privacy Act 2002. Editor's Note: All three amendments were rejected on roll call votes. |
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COMMITTEE AMENDMENT
[STAFF WORKING DRAFT]
May 10, 2002
Purpose: To revise the private right-of-action provisions.
IN THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION—107TH Cong., 2D Sess.
S. 2201, 107TH Congress, 2D Session
MAY 16, 2002
INTENDED to be proposed by Mr. ALLEN
Viz:
Strike section 204 and insert the following:
SEC. 204. NO PRIVATE RIGHT OF ACTION.
This Act may not be considered or construed to provide any private right of action. No private civil action relating to any act or practice governed under this Act may be commenced or maintained in any State court or under State law (including a pendent State claim to an action under Federal law).
COMMITTEE AMENDMENT
[STAFF WORKING DRAFT]
May 14, 2002
Purpose: To provide that it is not a violation of title I of this Act to collect, use, or disclose personal information in compliance with other Federal laws governing privacy.
IN THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION—107TH Cong., 2D Sess.
S. 2201, 107TH Congress, 2D Session
MAY 16, 2002
INTENDED to be proposed by Mr. ALLEN
Viz:
On page 22, between lines 11 and 12, insert the following:
SEC. 107. EFFECT ON OTHER LAWS.
(a) QUALIFIED EXEMPTION FOR COMPLIANCE WITH OTHER FEDERAL PRIVACY LAWS.—To the extent that personally identifiable information protected under this title is also protected under a provision of Federal privacy law described in subsection (c), an Internet service provider, online service provider, or commercial website operator that complies with the relevant provision of such other Federal privacy law shall be deemed to have complied with the corresponding provision of this title.
(b) PROTECTION OF OTHER FEDERAL PRIVACY
LAWS.—Nothing in this title may be construed to modify, limit, or supersede the operation of the Federal privacy laws described in subsection (c) or the provision of information permitted or required, expressly or by implication, by such laws, with respect to Federal rights and practices.
(c) OTHER FEDERAL PRIVACY LAWS DESCRIBED.—
The provisions of law to which subsections (a) and (b) apply are the following:
(1) Section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974).
(2) The Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.).
(3) The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
(4) The Fair Debt Collection Practices Act (15 U.S.C. 1692 et seq.).
(5) The Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.).
(6) Title V of the Gramm-Leach-Bliley Act of 1999 (15 U.S.C. 6801 et seq.).
(7) The Electronic Communications Privacy Act of 1986 (Public Law 99–508).
(8) The Driver’s Privacy Protection Act of 1994 (18 U.S.C. 2721 et seq.).
(9) The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1221 note, 1232g).
(10) Section 445 of the General Education Provisions Act (20 U.S.C. 1232h).
(11) The Privacy Protection Act of 1980 (42 U.S.C. 2000aa et seq.).
(12) Section 222 of the Communications Act of 1934 (47 U.S.C. 222) relating to the Customer Proprietary Network Information.
(13) The Cable Communications Policy Act of 1984 (47 U.S.C. 521 et seq.).
(14) The Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).
(15) The Video Privacy Protection Act of 1988 (Public Law 100–618).
(16) The Telephone Consumer Protection Act of 1991 (Public Law 102–243).
(17) The Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191), as it relates to an entity described in section 1172(a) of the Social Security Act (42 U.S.C. 1320d–1(a)) or to activities regulated under section 1173 of such Act (42 U.S.C. 1320d–2).
COMMITTEE AMENDMENT
[STAFF WORKING DRAFT]
May 14, 2002
Purpose: To broaden the pre-emption of State laws, rules, and regulations
IN THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION—107TH Cong., 2D Sess.
S. 2201, 107TH Congress, 2D Session
MAY 16, 2002
INTENDED to be proposed by Mr. ALLEN
Viz:
On page 22, between lines 11 and 12, insert the following:
SEC. 107. PREEMPTION OF STATE PRIVACY LAWS.
This title preempts any statutory law, common law, rule, or regulation of a State, or a political subdivision of a State, to the extent such law, rule, or regulation relates to or affects the collection, use, sale, disclosure, or dissemination of personally identifiable information in commerce. No State, or political subdivision of a State, may take any action to enforce this title.