The Safe ID Act

A brief summary of both privacy anti-offshoring bills pending on Capitol Hill, one sponsored by Hillary Clinton, the other by Congressman Edward Markey

*******************************************************

HILLARY CLINTON’S SENATE BILL

"THE SAFE ID ACT"

Senate Bill 810

• Businesses cannot transfer personal information to a foreign country without offering consumers notice and an opt-out choice.

• Business cannot discriminate if a consumer opts-out.

• Health care businesses must not terminate a relationship if a consumer opts-out.

• Businesses are liable for any improper storage or misuse of information.

Additional measure for Health and Financial information (adds HIPAA and GLB requirements.)


*******************************************************

REPRESENTATIVE MARKEY’S BILL

House Resolution 1653

• If a county has “adequate privacy protection,” consumers must be offered an “opt-out.”

• If it is a country “without adequate privacy protection,” consumers must affirmatively “opt-in.”

• The Federal Trade Commission must certify those countries which have adequate privacy protection.

• The FTC should consider the adequacy of the country's infrastructure for detecting, evaluating, and responding to privacy
violations.

• The FTC MUST assume a country is inadequate if its laws are less protective that federal or that of ANY STATE.