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    Politico: Scoop: Kerry-McCain Privacy Draft Leaks

    Politico’s Morning Tech blog talks about the upcoming privacy legislations from Senators John F. Kerry (D-Mass.) and John McCain (R-Ariz.), but a copy of the bill wasn’t posted:

    MT has a copy of the working draft, and it draws heavy influence from the Fair Information Practice Principles (FIPPs) – values that include notice and choice, data minimization and purpose specification.

    Here’s our general sketch of the draft bill: It allows for an opt-out standard on personally identifiable information that’s not sensitive, and an opt-in feature when the data is especially sensitive. It’s an opt-in requirement also governing data transfer to third parties, unless companies are part of a self-harbor set up with the approval of the FTC – then, it’s an opt out standard. It further includes provisions that would allow AGs and fed regulators to seek civil penalties when companies do serious wrong, but doesn’t include a private right of action.

    KERRY’S OFFICE: BILL NOT FINISHED – “Senator Kerry has been working on privacy legislation for many months and is talking with many players to get it right. Any drafts that are currently circulating are outdated,” a spokeswoman told MT when we asked about the proposal. She didn’t name any specific changes in progress when we followed up. Stay tuned.

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