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Blog Category: Privacy

GC Kerry discusses the US approach to privacy at an American Chamber of Commerce event in Italy

Panel at American Chamber of Commerce event in Italy

On June 21, 2012, General Counsel Kerry attended a privacy event in Italy -- Data Protection and Privacy Regulation: What Impact on Businesses and Consumers?

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General Counsel Kerry Travels to the EU to Discuss US-EU Commercial Data Privacy Efforts

On June 20, General Counsel Cameron F. Kerry arrived in Rome, Italy for the second leg of his trip to Europe to engage with senior government and private sector officials on consumer data privacy.  As President Obama said in the Administration’s policy blueprint, Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (Privacy Blueprint), “[n]ever has privacy been more important than today, in the age of the Internet, the World Wide Web and smart phones.”  The Commerce Department is committed to protecting consumer privacy while encouraging innovation, entrepreneurship, and supporting jobs and growth.

Commerce Department’s NTIA Announces First Privacy Multistakeholder Process Topic

Friday, the Department of Commerce’s National Telecommunications and Information Administration announced the first topic for the multistakeholder process called for by the Obama Administration's Consumer Privacy Blueprint.  On July 12th, 2012, NTIA will convene stakeholders to begin developing codes of conduct to provide transparency in how companies providing applications and interactive services for mobile devices handle personal data.  More information about the first multistakeholder process is available at http://www.ntia.doc.gov/headlines/2012/first-privacy-multistakeholder-meeting-july-12-2012, and a blog post from NTIA Administrator Lawrence E. Strickling is available at http://www.ntia.doc.gov/blog/2012/putting-consumer-privacy-bill-rights-practice.

Guidance Published on Implementation of Administration Policy on Scientific Integrity

On December 16, 2011 General Counsel Kerry updated the June 15th memorandum implementing the Administration Policy on Scientific Integrity.  The update provides additional guidance consistent with the policy recommendations of Dr. John Holdren, Director of the White House Office of Science and Technology Policy (OSTP), who issued an Administration policy on scientific integrity, implementing a Presidential memorandum of March 9, 2009.  In particular, the memorandum provides additional direction on federal advisory committees and expands upon the Department's support for scientists and engineers to participate and provide leadership in scientific and professional organizations.  This memorandum establishes policy directives for the Department of Commerce to ensure the highest integrity of science and scientific products developed and utilized by the Department and its bureaus.  The updated memorandum and the June 15th memorandum are attached below.

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Cameron Kerry delivers keynote address to Second Annual European Data Protection and Privacy Conference

Cameron Kerry delivered one of the keynote addresses to the Second Annual European Data Protection and Privacy Conference on December 6 in Brussels, Belgium. His address, entitled Transatlantic Solutions for Data Privacy, explained the Obama administration's framework for how to protect consumer data privacy while promoting innovation in the global digital economy. This framework refines the ideas first expressed in the green paper released last year.
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Protecting Consumers & Promoting Innovation Online: A Call for Baseline Privacy Legislation

Guest blog post by Cameron Kerry, General Counsel for the U.S. Department of Commerce.

The time has come for Congress to pass strong Internet consumer privacy legislation that provides clear rules of the road for businesses and consumers while preserving the innovation and free flow of information that are hallmarks of the Internet economy.

That’s the Obama Administration’s conclusion based on the work we have been doing on commercial data privacy.  Three months ago, the Commerce Department published its Green Paper, which contained preliminary policy recommendations to enhance consumer protection and strengthen online trust, while ensuring the Web remains a platform for innovation, jobs, and economic growth

In response, the Commerce Department received thoughtful and well-researched comments from over a hundred stakeholders representing industry, consumer groups, and academic sectors.  We carefully reviewed all them.  Through the Privacy and Internet Policy Subcommittee of the National Science and Technology Council (NSTC), which I co-chair with Assistant Attorney General Christopher Schroeder, we consulted with Federal agencies and key White House offices to develop a roadmap for moving forward on this important Administration priority.

Based our review, we have concluded that baseline consumer privacy legislation will strengthen the U.S. Internet privacy framework for consumers and businesses alike.  The Obama Administration is committed to working with Congress to pass a bill that provides a stronger statutory framework to protect consumers’ privacy interests in data that are collected and used or disclosed in commercial contexts in the Internet economy, while supporting innovation.  Consumer privacy legislation should have the following elements:

The Commerce Department’s Latest Privacy Initiative on Data Privacy Day

Today is Data Privacy Day, an annual international celebration to raise awareness and generate discussion about information privacy designated by both the U.S. Senate and U.S. House of Representatives in 2009. In honor of Data Privacy Day, here’s an update on the latest Commerce Department initiative to protect the privacy of the American people.

On Jan. 7 at a discussion forum with business and academic leaders at Stanford University, Secretary of Commerce Gary Locke and White House Cybersecurity Coordinator Howard A. Schmidt unveiled plans to establish a National Program Office at the Commerce Department to help implement the National Strategy for Trusted Identities in Cyberspace, an administration initiative that aims to foster private-sector development of new technologies that can improve both the privacy and the security of sensitive online transactions.

Cybercrime and identity theft cost U.S. consumers hundreds of millions of dollars annually. So the idea is that the private sector would lead the development of better technologies for consumers and businesses to establish their identities before they conduct sensitive transactions like banking, shopping or downloading health care records. The Commerce Department would facilitate the process by building consensus on standards and managing collaborative efforts with other federal agencies.

General Counsel Kerry addresses the 2011 State of the Net Conference

On January 18, 2011, DOC General Counsel Kerry delivered keynote remarks at the seventh annual State of the Net Conference hosted by the Congressional Internet Caucus Advisory Committee.  The conference is one of the largest information technology policy conference in the U.S. and provides a venue for academics, consumer groups, industry and government to hear from policy experts from across the spectrum of information technology issues and to interact in a bi-partisan environment.

In his remarks, General Counsel Kerry highlighted key policy recommendations from the Commerce Department’s recently released  policy green paper “Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework.” These policy recommendations aim to promote consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.  Recommendations included: establishing Fair Information Practice Principles comparable to a “privacy bill of rights” for online consumers; developing enforceable privacy codes of conduct in specific sectors with multi-stakeholder input; and engaging the international community to encourage global Interoperability. The Department is seeking additional public comment on the privacy paper to further the policy discussion and ensure the framework benefits all stakeholders in the Internet economy. Comments are due January 28th.

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Released: Policy Framework for Protecting Consumer Privacy Online While Supporting Innovation

The Department of Commerce today issued a report detailing initial policy recommendations aimed at promoting consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.  The report outlines a dynamic framework to increase protection of consumers’ commercial data and support innovation and evolving technology. The Department is seeking additional public comment on the plan to further the policy discussion and ensure the framework benefits all stakeholders in the Internet economy.

“America needs a robust privacy framework that preserves consumer trust in the evolving Internet economy while ensuring the Web remains a platform for innovation, jobs, and economic growth. Self-regulation without stronger enforcement is not enough. Consumers must trust the Internet in order for businesses to succeed online.” said Commerce Secretary Gary Locke.

Today’s report, based on extensive public input and discussion, recognizes the growing economic and social importance of preserving consumer trust in the Internet.  Global online transactions are currently estimated at $10 trillion annually. Between 1998 and 2008, the number of domestic IT jobs grew by 26 percent – four times faster than U.S. employment as a whole – with IT employment projected to increase another 22 percent by 2018.

The following are key recommendations in today’s preliminary report, Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework:

  • Consider Establishing Fair Information Practice Principles comparable to a “Privacy Bill of Rights” for Online Consumers
  • Consider Developing Enforceable Privacy Codes of Conduct in Specific Sectors with Stakeholders; Create a Privacy Policy Office in the Department of Commerce
  • Encourage Global Interoperability to Spur Innovation and Trade
  • Consider How to Harmonize Disparate Security Breach Notification Rules
  • Review the Electronic Communications Privacy Act for the Cloud Computing Environment

Read the more detailed press release.  |  Learn more about and read the report.