FC: Bob Barr readies bill to disclose Feds' privacy practices

From: Declan McCullagh (declanat_private)
Date: Tue Apr 23 2002 - 21:41:26 PDT

  • Next message: Declan McCullagh: "FC: Penn. AG threatens child porn charges against Internet providers"

    I've placed a copy of the Barr privacy bill here:
    http://www.politechbot.com/docs/barr.privacy.bill.042302.pdf
    
    A few notes:
    1. This bill does NOT apply to private firms or state or local government 
    entities -- it's federal agencies only.
    2. It's unclear how much it would apply to law enforcement agencies (and 
    forget about intelligence agencies, yeahright).
    3. It would apply to the IRS.
    4. It would NOT limit nasty-intrusive-anti-privacy practices. It would 
    merely require a "privacy impact analysis" to be published.
    
    Here's an excerpt from an announcement about tomorrow's shindig:
    >WASHINGTON D.C. - U.S. Rep. Bob Barr (GA-7), a senior Member of the House 
    >Judiciary Committee, will hold a news conference tomorrow, April 24th at 
    >1:00 PM at the House Triangle, to announce legislation he is introducing 
    >to help protect Americans from unjustified or unintended invasions of 
    >privacy by the federal government.   Barr will be joined at the news 
    >conference by Congressman Jerrold Nadler, and other Members, as well as a 
    >broad coalition of national grassroots organizations supporting Barr's 
    >legislation, including, the National Rifle Association, the American Civil 
    >Liberties Union, Eagle Forum, and others.
    
    Here's an excerpt from the most relevant section of the bill:
    >—Whenever an agency is re-
    >quired by section 553 of this title, or any other law, 10
    >to publish a general notice of proposed rulemaking 11
    >for any proposed rule, or publishes a notice of pro- 12
    >posed rulemaking for an interpretative rule involving 13
    >the internal revenue laws of the United States, the 14
    >agency shall prepare and make available for public 15
    >comment an initial privacy impact analysis. Such 16
    >analysis shall describe the impact of the proposed 17
    >rule on the privacy of individuals. 18
    
    Following is an excerpt from a summary prepared by Barr's staff.
    
    -Declan
    
    Federal Agency Privacy Protection of Privacy Act
    
    A good-government bill that will improve the regulatory process and protect
    Americans from unjustified or unintended invasions of privacy, by:
    
    ·       Ensuring federal agencies  consider the impact of proposed 
    regulations on individual privacy
    
    ·       Requiring agencies to include an initial privacy impact analysis with
    proposed  regulations that are circulated for public notice and comment
    
    ·       Requiring agencies, after the notice and comment period, to include a
    final privacy impact analysis that describes the steps that were taken to
    minimize the significant privacy impact of proposed regulations and that
    justifies the alternative with respect to privacy that was chosen by the agency
    
    ·       Permitting judicial review of the adequacy of an agency's final 
    privacy
    impact, similar to that provided by the Regulatory Flexibility Act for small
    businesses
    
    ·       Requiring agencies to periodically review rules that have either a
    significant privacy impact on individuals or a privacy impact on a
    significant number or individuals
    
    The bill will not unduly burden agencies in the development and issuance of
    proposed rules, because:
    
    ·       It would require a privacy impact analysis only when an agency is 
    already required to publish a general notice of proposed rulemaking,
    
    ·       An agency would not be required to do anything that it presumably 
    had not already done, i.e. consider the consequences of the proposed 
    rule.  It would only have to publicly articulate how its proposed rule 
    would effect privacy interests
    
    · The "Federal Agency Protection of Privacy Act" will help agencies in the
    rulemaking process by providing a better framework for developing rules that
    consider important privacy concerns
    
    In a time when the theft and misuse of personal information is rampant and
    increasing, the bill will better protect the American public from such
    victimization
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if you include this notice.
    To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    Declan McCullagh's photographs are at http://www.mccullagh.org/
    -------------------------------------------------------------------------
    Sign this pro-therapeutic cloning petition: http://www.franklinsociety.org
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Tue Apr 23 2002 - 22:59:39 PDT