Summary: H.R.3321 — 106th Congress (1999-2000)All Information (Except Text)

There is one summary for H.R.3321. Bill summaries are authored by CRS.

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Introduced in House (11/10/1999)

Electronic Privacy Bill of Rights Act of 1999 - Makes it unlawful for an operator of a website or online service (operator) to collect personal information from an individual in a manner that violates privacy protection rules to be prescribed under this Act. Provides that notwithstanding such prohibition, no such operator shall be held liable for any disclosure of personal information to the parent of a child in response to a request for such disclosure under the Children's Online Privacy Protection Act of 1998.

Requires the Federal Trade Commission (FTC) to promulgate rules that: (1) require an operator collecting such information to provide notice of the types of information collected, its use, and the operator's disclosure practices; (2) require such operator to provide an online method for an individual to grant or deny consent to such collection and use; (3) permit the operator to establish a method by which an individual can preset protocols for granting or denying such consent; (4) prohibit the operator from collecting such information unless it has been disclosed and consented to; (5) require the operator to provide requesting individuals with access to personal information collected, as well as notice of whether such information has been reused, disclosed, or sold, and to whom; and (6) require the operator to establish and maintain reasonable procedures to protect the confidentiality, security, and integrity of personal information collected. Excepts from such requirements information collected, used, or disseminated to: (1) protect website security or integrity; (2) take precautions against liability; (3) respond to judicial process; or (4) provide required information to law enforcement officials. Considers a violation of such rules an unfair or deceptive trade practice under the Federal Trade Commission Act.

Allows an operator to satisfy such requirements by following a set of self- regulatory guidelines issued by representatives of the marketing or online industries and approved under this Act. Outlines provisions concerning FTC incentives for, and approval of, such guidelines.

Authorizes a State attorney general to bring an action on behalf of its residents for violations of rules or approved guidelines. Allows FTC intervention in any such action.

Provides for FTC enforcement and administration of provisions of this Act.

Authorizes a private right of action for enforcement of violations.

Requires the FTC to review and report to Congress on the implementation of this Act.