Rep DelBene Introduces National Consumer Data Privacy Legislation

Rep Suzan DelBene (D-WA) 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. 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. 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.