29 Association of Research Libraries Research Library Issues 297 2019 While these bills put forth by Wyden, Schatz, and Markey received much attention, other drafts have also been circulated, such as the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act introduced by Senators Markey and Richard Blumenthal (D-CT), and the Social Media Privacy Protection and Consumer Rights Act by Senators Amy Klobuchar (D-MN) and John Neely Kennedy (R-LA). In addition to bills by members of Congress, a number of companies, associations, consumer advocacy groups, academics, and other stakeholders have discussed various principles and elements that should be included in federal privacy legislation. Significantly, in late 2018, Intel Corporation released draft privacy legislation and allowed for interactive, public comment.23 In welcoming public engagement and comment, Intel made clear that its draft is a work in progress and it has already gone through at least one revision. In the initial draft, Intel intentionally did not adopt CCPA’s data minimization model and would provide for federal preemption of state laws. It provides for significant criminal fines and potential for jail time, as well as civil penalties. Intel’s initial draft would apply to companies that collect data of more than 5,000 people and appears to introduce a privacy-by-design element, in prohibiting companies from collecting data beyond the companies’ purpose. In this way, companies would not be able to collect vast swaths of data with an unknown purpose, the practice many technology companies have engaged in to date. The Center for Democracy and Technology (CDT) released a draft federal privacy bill in December 2018.24 CDT’s bill grants consumers several rights, including the right to access and correction, data portability, and deletion. Some of these rights apply only to certain types of data the right to correction, for example, would apply only when used for eligibility determinations for credit, insurance, housing, employment, educational opportunity, or health information. CDT’s bill also explicitly addresses biometric information—including location data—limiting when it could be collected. The bill also provides a list
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