30 Association of Research Libraries Research Library Issues 297 2019 of unfair data uses and specifically addresses issues related to targeting based on data collection, that could result in civil rights violations and discrimination. It does not, however, provide users with the right to object, instead relying on users to agree to terms of service or walk away. It also provides significant exceptions to the provisions, which raises concerns that these exceptions could be exploited by companies. Like other bills, CDT’s envisions that the FTC would have a role in enforcing the legislation and provides federal preemption of state laws. Most recently, in February 2019, the US Chamber of Commerce released model privacy legislation, entitled the Federal Consumer Privacy Act.25 The Chamber of Commerce model legislation focuses heavily on notice and transparency and would allow consumers to opt-out of data sharing and permit a right to deletion, subject to some exceptions. Like other models, the Chamber of Commerce’s draft would empower the FTC to enforce these rules. It would also preempt state laws on data privacy, instead favoring a uniform piece of legislation across the United States. Most companies, such as those working with the Chamber of Commerce, have advocated for a uniform standard, rather than requiring compliance with a patchwork of state regulations. In addition to efforts in Congress to create a federal legislative solution, the National Telecommunications and Information Administration (NTIA), on behalf of the Department of Commerce, has also noted interest in a federal privacy framework. In September 2018, NTIA published a request for comment in a number of areas related to federal privacy regulations: “NTIA is seeking public comments on a proposed approach to this task that lays out a set of user-centric privacy outcomes that underpin the protections that should be produced by More than 200 individuals, organizations, and companies, including ARL, submitted comments to the NTIA, largely focusing on the importance of strong transparency and meaningful consent, making opt-in the default position.
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