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THE WHITE HOUSE
Office of the Vice President
For Immediate Release
July 31, 1998
VICE PRESIDENT GORE ANNOUNCES NEW STEPS TOWARD
AN ELECTRONIC BILL OF RIGHTS
New Efforts Will Protect Americans' in Four Key Areas
Washington, DC -- Vice President Gore announced new steps toward an
Electronic Bill of Rights, an effort to protect one of the oldest and
most basic American values -- privacy -- with the rise of new
technology.
"We need an electronic bill of rights for this electronic age," Vice
President Gore said in an event in the Roosevelt Room at the White
House. "You should have the right to choose whether your personal
information is disclosed; you should have the right to know how, when,
and how much of that information is being used; and you should have
the right to see it yourself, to know if it's accurate."
Following a major address at New York University this May, the Vice
President renewed the call for an Electronic Bill of Rights by asking
everyone to do their part to protect individual privacy -- relying on
private sector leadership where possible, on legislation when
necessary, on responsible government handling of personal information, and on an
informed public.
The Vice President announced new action in four key areas:
- Protecting sensitive personal information. Taking new executive
action and calling for tough new legislation to protect personal information
such as medical and financial records -- and ensuring that existing
privacy laws are strong enough to protect privacy as technology grows
and changes;
- Stopping identity theft. Calling for strong new penalties for
so-called "identity theft";
- Protecting children's privacy on-line. Calling for strong new
measures to protect children's privacy on-line -- by ensuring that data is not
collected from children without their parents' consent; and
- Urging voluntary private sector action to protect privacy.
Challenging the private sector to continue to take effective voluntary steps to
protect privacy on-line.
PROTECTING AMERICANS' PRIVACY IN THE INFORMATION AGE:
AN ELECTRONIC BILL OF RIGHTS
"Privacy is a basic American value -- in the Information Age, and in
every age. And it must be protected. We need an electronic bill of
rights for this electronic age. You should have the right to choose
whether your personal information is disclosed; you should have the
right to know how, when, and how much of that information is being
used; and you should have the right to see it yourself, to know if it's
accurate." -- Vice President Gore
In a major address at New York University this May, Vice President
Gore called for an Electronic Bill of Rights to protect one of the oldest
and most basic American values -- privacy -- with the rise of new
technology. Today at the White House, the Vice President will
announce a series of measures that represent the latest step toward making the
core principles of the Electronic Bill of Rights a reality. His plan
calls on everyone to do their part to protect individual privacy --
relying on private sector leadership where possible, legislation when
necessary, responsible government handling of personal information,
and an informed public.
The Vice President will announce new action in four key areas:
- Protecting sensitive personal information. Taking new executive
action and calling for tough new legislation to protect personal information
such as medical and financial records -- and ensuring that existing
privacy statutes are strong enough to protect privacy as technology
grows and changes;
- Stopping identity theft. Calling for strong new penalties for
so-called "identity theft";
- Protecting children's privacy on-line. Calling for strong new
measures to protect children's privacy on-line -- by ensuring that data is not
collected from children without their parents' consent;
- Urging voluntary private sector action to protect privacy.
Challenging the private sector to continue to take effective voluntary steps to
protect privacy on-line.
Sensitive Personal Information
Medical Records. Currently, Americans have stronger privacy
protections for their video rentals than they do for their medical records. The
Administration believes this is unacceptable. The Administration has
proposed strong medical privacy recommendations and urged Congress to
pass legislation that gives Americans the privacy protections they
need. If Congress does not pass strong medical privacy legislation,
the Administration fully intends to implement privacy protections
consistent with the authority given to us by the law. For example,
next week the Administration is releasing a proposed rule to establish
standards for the security of health information used by health care
providers, health plans, and others (e.g. security and confidentiality
practices, access controls, audit trails, physical security,
protection of remote access points, etc.).
In 1996 Congress directed HHS to develop standards for unique health
identifiers under the Health Insurance Portability and Accountability
Act of 1996. However, because the availability of these identifiers
without strong privacy protections in place raises serious privacy
concerns, the Administration is committed to not implementing the
identifiers until such protections are in place. It is also important
to note that the privacy provisions passed in the House Republicans
patients' rights legislation last week certainly do not pass this
test, as this provision permits far too much disclosure of patient
information without consent.
Financial records: The Administration will direct Treasury and the
banking regulators to strengthen the enforcement of the Fair Credit
Reporting Act with respect to the sharing of information between banks
and their affiliates and "opt-out" notices for consumers. The
Administration will also ask that Congress give bank regulators the
authority to examine financial institutions for compliance with the
Fair Credit Reporting Act.
Profiling: The Administration will work with the Federal Trade
Commission to encourage companies that build dossiers about
individuals by aggregating information from a variety of database sources to
implement effective self-regulatory mechanisms. If industry attempts
at self-regulation are not successful, the Administration will
consider other means to ensure adequate privacy protection.
Government information: The Administration will launch a "privacy
dialogue" with state and local governments. This dialogue will
include considering the appropriate balance between the privacy of personal
information collected by governments, the right of individuals to
access public records, and First Amendment values. For example, the
digitization and widespread availability of public records has raised
serious privacy concerns.
Identity Theft
Identity theft: The Administration will urge the Congress to pass
legislation sponsored by Senators Kyl and Leahy to crack down on
"identity theft," which is the fraudulent use of another person's
identity to facilitate the commission of a crime, such as credit card
fraud. According to law enforcement officials, the incidence of
identity theft is increasing rapidly, and current federal and state
laws do not provide sufficiently comprehensive privacy protection.
Theft of personal financial information: The Administration will
work with Congress to pass legislation sponsored by Representatives Leach
and LaFalce that will make it a federal crime to obtain confidential
customer information from a bank by fraudulent means. In some cases,
people are obtaining information illegally and then using the
information for a legal purpose -- e.g., pretending to be a customer
in order to trick confidential information out of a bank, and then
selling that information to a private investigator or some other third party.
Children's Privacy
Children's privacy: The Administration will seek legislation that
would specify a set of fair information principles applicable to the
collection of data from children, such as a prohibition on the
collection of data from children under 13 without prior parental
consent. The Federal Trade Commission would have the authority to
issue rules to enforce these standards. Legislation is needed because
children under 13 may not understand the consequences of giving out
personally identifiable information.
Calling for Private Sector Efforts
Privacy online: The Administration will continue to press for
industry self regulation with enforcement mechanisms. The private sector
continues to respond to the Administration's call for industry self
regulation. For example, over 50 major companies and associations
engaged in electronic commerce have recently created the "Online
Privacy Alliance." The Administration will monitor the progress of online
industry self regulation to ensure that the commitments made by
companies are implemented, that the enforcement mechanisms are
effective, and that the numbers of companies and organizations
participating in these efforts expands so that the efforts become
sufficiently broad based.
Increasing Public Awareness
Public education: The Administration will work with the private
sector, the privacy and consumer advocacy communities, and non-profit
organizations to develop a public education campaign to inform
individuals about how to exercise choice with respect to the
collection and dissemination of their personally identifiable information, and
about the technologies that can make that choice possible.
A Coordinated Approach
Privacy coordination: OMB will be given responsibility for
coordination of privacy issues, drawing on the expertise and resources of other
government agencies. This will help improve the coordination of U.S.
privacy policy, which cuts across the jurisdiction of many federal
agencies.
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