Taken from the AAF Government Report: June 30, 2011 e-newsletter:
The Senate Commerce Committee held a June 29 hearing on online privacy and data breach issues. Committee members were in widespread agreement about the need for data breach legislation, but less so when it came to online privacy.
Chairman Jay Rockefeller, D-W.Va., spoke in favor of his own bill, S. 913, the Do-Not-Track Online Act. Senator Pat Toomey, R-Pa., urged caution noting that no one has yet established any harm that is being addressed by the legislation. He also called for more study of the issue and warned against possible unintended consequences of passing legislation too soon.
Prior to the hearing, AAF and many industry allies sent a letter to committee members urging them to proceed carefully.
The letter argued that privacy and data breach are two separate issues and should be treated as such. AAF and industry allies would support carefully crafted data breach legislation as long as it does not obstruct innovation or disallow beneficial uses of data. Legislation should include federal preemption so that consumers and businesses will benefit from one clear, strong standard nationwide.
The letter argued that absent any identifiable harm in the marketplace, privacy issues are best addressed through industry self-regulatory programs and best practices. AAF has been a leader in this area through participation in the Digital Advertising Alliance and the self-regulatory program for online behavioral advertising at www.aboutads.info.
