An addendum to the to Legislation PrivacyWhite Pages

Current Protection

(other noteworthy laws)

Health Insurance Portability and Accountability Act (HIPPA) – provides comprehensive federal protection for the privacy of health information

Family Educational Rights and Privacy Act (FERPA) – protects the privacy of student education records

Protection of Pupil Rights Amendment (PPRA) – protects the rights of parents and students involved in programs that receive federal funding, in part by requiring parental consent before students reveal personal information while participating in surveys, evaluations, etc. funded by the US Dept of Ed.

E-Government Act – sets requirements on government agencies in how they assure the privacy of personal information in government information systems and establish guidelines for privacy policies for federal websites

Identify Theft Penalty Enhancement Act – to establish penalties for aggravated identify theft and for other purposes

Laws That Invade or Threaten Privacy

Patriot Act – Reauthorized during 109^th Congressional session

PATRIOT Act, reauthorize	H.R.3199	P.L.109-177
PATRIOT Act Additional Reauthorizing Amendments Act of 2006	S.2271	P.L.109-178

Homeland Security Act – Proposed appropriations during 109^th Congressional

Session

Homeland security grants, provide for coordination and simplification

S.A.1142* to H.R.2360

H.R.1544*

*Many bills exist, but this bill is currently receiving legislative attention.

Real ID Act – Currently part of our national dialogue as it directly relates to the possible construction of barriers being proposed along federal borders. H.R. 418

Proposed Legislation (related to privacy concerns)

(active legislation as of 6/8/06)

S.306 / H.R. 1227
Title: Genetic Information Nondiscrimination Act of 2005 / A bill to prohibit discrimination on the basis of genetic information with respect to health insurance and employment (important due to potential ramification with regard to privacy of genetic information)

H.R. 2840

Title: Federal Agency Protection of Privacy Act of 2005 / To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes.

Three pieces of proposed legislation relating to electronic surveillance, specifically

S. 2453

Title: A bill to establish procedures for the review of electronic surveillance programs.

S. 2455

Title: A bill to provide in statute for the conduct of electronic surveillance of suspected terrorists for the purposes of protecting the American people, the National and its interests from terrorist attack while ensuring that the civil liberties of United States citizens are safeguarded, and for other purposes.

S. 3001

Title: A bill to ensure that all electronic surveillance of United States persons for foreign intelligence purposes is conducted pursuant to individualized court-issued orders, to streamline the procedures of the Foreign Intelligence Surveillance Act of 1978, and for other purposes.

Several bills on Identity Theft

Identity theft

S.115, S.116, S.500, S.751, S.768, S.1216, S.1326, S.1332, S.1336, S.1408, S.1789

H.R.1069, H.R.1080, H.R.3140, H.R.3997, H.R.4127, H.R.5318

Three pieces of proposed legislation relating to sex offender registration and notification, specifically

S.1086
Title: A bill to improve the national program to register and monitor individuals who commit crimes against children or sex offenses.

H.R.2423
Title: To improve the national program to register and monitor individuals who commit crimes against children or sex offenses.

H.R.3132
Title: To make improvements to the national sex offender registration program, and for other purposes

Updates on Legislation previously listed -

• Online Privacy Protection Act, H.R. 84: Requires the FTC to extend privacy regulations for those not covered by COPPA.
• Still Pending - last major action 2/4/2005 Referred to House subcommittee.
• Consumer Privacy Protection Act, H.R. 1263 : Provisions related to identity theft, data collection, and a study of the effect of international privacy laws on U.S. foreign and domestic commerce.
• Still Pending – last major action 3/22/2005 Referred to House subcommittee.
• Security and Freedom Ensured Act (SAFE), H.R.1526 & S. 737: Makes section 216 of the Patriot Act subject to the sunset date.
• Still Pending – HR 1526 last major action 5/10/2005 Referred to House subcommittee & S 737 last major action 4/6/2005 Referred to Senate committee.
• SPY Act, H.R. 29: Spyware regulation Regulates spyware and makes phishing illegal.
• Still Pending – last major action 5/24/2005 Referred to Senate committee.
• Information Protection and Security Act, H.R. 1080 & S. 500: Regulates the conduct of information brokers and the personally identifiable information (PII) held by them.
• Still Pending – HR 1080 last major action 3/14/2005 Referred to House subcommittee & S 500 last major action 3/3/2005 Referred to Senate committee.
• Privacy Act of 2005, S. 116 : Requires consent of an individual prior to the sale or marketing of PII.
• Still Pending – last major action 1/24/2005 Referred to Senate committee.
• Comprehensive Identity Theft Prevention Act, S. 768 : Includes provisions for protecting SSNs, assistance for the victims of identity theft, coordination international action against identity theft, notification of information breaches, and establishment of an Office of Identity Theft within the FTC.
• Still Pending –last major action 4/12/2005 Referred to Senate committee.

Be sure to visit Links for more information.

Conclusion

The vast number of bills, laws, acts, and orders that have been introduced, debated, and passed are testimony to the level of interest and anxiety our nation has with regard to privacy issues. Lawmakers continue to react to identity theft, wire-tapping, other surveillance means, data sharing and mining, etc. that the American people find disturbing. Whether in the classroom or in the Oval Office security issues are of paramount concern.

In reviewing the sheer volume of federal house and senate measures introduced, including the variety and multitude of different bills relating to the same topics, it is easy to conclude that people from Alaska to Florida want to know that our government is watching out for their best interests. They want to trust that all three branches are working together to protect our privacy. It should be cautioned, however, that those living under the American flag should insist that individual privacy be protected, not only from the private sector, but also from the government itself.

Sources:

Center for Democracy & Technology. “Legislation (l09th)”. Retrieved June 8, 2006 at http://www.cdt.org/legislation/

The Library of Congress. Thomas. Retrieved June 8, 2006 at http://thomas.loc.gov/

United States Senate. Active Legislation. Retrieved June 8, 2006 at http://www.senate.gov/pagelayout/legislative/b_three_sections_with_teasers/active_leg_108.htm