Commerce Department Releases Online Privacy Green Paper
The U.S. Department of Commerce’s Internet Policy Task Force (IPTF) has issued a green paper titled Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework, which sets forth initial policy recommendations for “promoting consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.” To this end, the report “reviews the technological, legal, and policy contexts of current commercial data privacy challenges; describes the importance of developing a more dynamic approach to commercial privacy both in the United States and around the world; and discusses policy options (and poses additional questions) to meet today’s privacy challenges in ways that enable continued innovation.”
Designed to promote “privacy, transparency and informed choice,” the IPTF framework reflects input from stakeholders in industry, academia and government. It specifically calls for (i) “establishing Fair Information Practice Principles comparable to a ‘Privacy Bill of Rights’ for online consumers,” (ii) “developing enforceable privacy codes of conduct in specific sectors with stakeholders,” (iii) creating a Privacy Policy Office in the Department of Commerce, (iv) encouraging “global interoperability to spur innovation and trade,” (v) harmonizing “disparate security breach notification rules,” and (vi) reviewing the Electronic Communications Privacy Act “for the cloud computing environment.” The task force will also continue to coordinate its efforts with the Federal Trade Commission and Office of Management and Budget.
“Today’s report is a road map for considering a new framework that is good
for consumers and businesses. And while our primary goal is to update the
domestic approach to online privacy, we are optimistic that we can take steps
to bridge the different privacy approaches among countries, which can help
us increase the export of U.S. services and strengthen the American economy,”
stated Commerce Secretary Gary Locke in a December 16, 2010, press release,
which also invites further public comment on these recommendations
