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Legislation to create privacy commission advances in House

WASHINGTON-Legislation that would create a commission to study whether broad privacy protection legislation is necessary in light of various federal, state and local laws advanced to the full committee level on the same day last week that a noted privacy expert called for framework legislation to protect privacy.

The House government efficiency subcommittee passed by voice vote a bill that would create a privacy commission to study current federal, state and local laws. The 17-member commission would examine both public and private initiatives designed to protect privacy. After 18 months, the commission would recommend whether industry or government-specific privacy protection efforts, including legislation, are necessary.

The bill passed the government efficiency subcommittee by voice vote and now advances to the House Government Reform Committee.

Rep. Janice D. Schakowsky (D-Ill.), subcommittee ranking member, voted against the bill after withdrawing an amendment that she said would better align the commission with current political realities. The commission is currently weighted heavily Republican. Rep. Asa Hutchinson (R-Ark.), the sponsor of the bill, promised to work with Schakowsky, but said he had to check with other sponsors of the bill before he could agree to the change in commission makeup.

Hutchinson made a similar promise when Rep. Carolyn Maloney (D-N.Y.) tried to amend the bill to place all government entities-both executive and legislative-under the rubrics of the Freedom of Information Act and the Privacy Act. He said that while he doesn’t see a problem, other members might have heartburn over the amendment. “I don’t mind a commission looking at it, but some members find that scary enough,” said Hutchinson.

Rep. Stephen Horn (R-Calif.), subcommittee chairman, warned that if the Maloney amendment was included, the bill would have to go to the House Administration Committee. This “will kill the bill,” said Horn.

Meanwhile, the House consumer protection subcommittee heard testimony saying that privacy is not yet a hot-button issue for the majority of Americans. Nevertheless, Rep. Cliff Stearns (R-Fla.), subcommittee chairman, indicated legislation will be drafted in the next month or so that will take a minimalist approach to privacy protection.

After the bill is drafted, Stearns plans to show it to all interested parties before actually introducing the bill. Only at that point would Stearns hold a hearing on an actual piece of legislation.

Various bills have either been introduced or are expected to be introduced in Congress this year regarding the protection of personal privacy in an online environment.

While the prospects of such legislation passing differ, various organizations have set out policy goals either for or against such legislation. AeA, formerly the American Electronics Association, is calling for such legislation; the Information Technology Association of America is against it. The Privacy Coalition has urged Congress to pass legislation that would allow consumers to have access to all information that is collected about them and limit the use of that information by the collector.

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