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Over the past several years, individuals have become increasingly
concerned about the invasion of their privacy rights. First, from
1994 through 1998, a number of bills were passed, which put into place
the necessary components for a National ID System, using the Social
Security Number (SSN). (See FW #30 – 7/26/98 for details about these
laws: 1) 1994 -- GATT Implementing Legislation; 2) 1996 -- Personal Responsibility and Work Opportunity Reconciliation Act; 3) 1996 Illegal Immigration Reform and Immigrant Responsibility Act; 4) 1997 Balanced Budget Act; 5) 1997 Taxpayer Relief Act; 6) 1998 -- U.S. Department of Transportation proposed guidelines to require state driver’s licenses to include a SSN and biometric information, i.e. fingerprints, retina scan, DNA, and/or voice prints.) Second, in 1996, Congress passed the Health Insurance Portability and Accountability Act, which required the Department of Health and Human Services (HHS) to adopt standards for a “unique health care identifier” for each individual as well as each employer, provider and health plan. And, third, in 1998, the Federal Deposit Insurance Commission (FDIC) released proposals for their “Know Your Customer” program, which would require financial institutions to track and monitor the financial business of their customers. Citizens all across the country began speaking out about this invasion of their privacy by communicating with the Department of Transportation, the FDIC and their members of Congress. In response to those concerns, a number of “privacy rights” bills have been introduced in Congress. Just a few of those bills are described below.
Children’s Privacy Protection and Parental Responsibility Act of 1999
(HR 369): This legislation, introduced by Rep. Franks (R-NJ), would
amend Title 18, U.S. Code, to prohibit the sale of personal information
about children without parental written consent.
Freedom & Privacy Restoration Act (HR 220): This legislation,
introduced by Rep. Paul (R-TX), would prevent the federal government
from using the Social Security number as a central identifier or for
purposes unrelated to Social Security. It would forbid any two
government agencies from using the same number identifier. It would
prohibit the federal government from creating a national ID by repealing
sections of laws passed in 1996.
American Financial Institutions Privacy Act (HR 530): This legislation,
introduced by Rep. Barr (R-GA), would prohibit the “Know Your Customer”
regulations proposed by the Federal banking agencies from taking effect
unless authorized by an Act of Congress. The legislation also requires
the Federal banking agencies to do a study of the issue and submit a
report to Congress.
Know Your Customer Sunset Act of 1999 (HR 516): This legislation,
introduced by Rep. Paul (R-TX), would prohibit the Secretary of the
Treasury, the FDIC and other Federal banking agencies from implementing
the “Know Your Customer” regulations that call for banks to “profile”
their customers and report account activities that are not “regular and
expected.” These regulations overburden financial institutions and
invade the privacy of U.S. citizens.
Personal Privacy Protection Act (HR 97): This legislation, introduced
by Reps. Conyers (D-MI) and McCollum (R-FL), would provide protection
from personal intrusion for commercial purposes.
Bank Secrecy Sunset Act of 1999 (HR 518): This legislation, introduced
by Rep. Paul (R-TX), would repeal the existing loosely-written law that
gives federal regulators the authority to monitor private bank accounts
and would immediately terminate the “Know Your Customer” regulations.
Consumer Internet Privacy Protection Act (HR 313): This legislation,
introduced by Rep. Vento (D-MN), would regulate the use by interactive
computer services of personally identifiable information provided by
subscribers to such services and would prohibit the disclosure of
information to a third party without the subscribers prior, informed and
written consent.
Social Security On-Line Privacy Protection Act (HR 367): This
legislation, introduced by Rep. Franks (R-NJ) would regulate the use of
Social Security numbers and related personally identifiable information
by interactive computer services and would prohibit disclosure of
information to a third party without the prior, informed, written
consent of the subscriber.
Financial Information Privacy Act of 1999 (S. 187): This legislation,
introduced by Sen. Sarbanes, would require that rules be established
to protect the privacy of confidential customer information. Customers
would be given notice and choice about how their financial institutions
share or sell their personally identifiable sensitive financial
information. Contact your members of Congress at (202) 224-3121 with your concerns about your privacy rights! |