On May 9, 2011, Senator Jay Rockefeller (D-WV) introduced the Do Not Track Me Online Act, a bill that allows the Federal Trade Commission to enact regulations to stop the clandestine tracking, use, and collection of private consumer information that occurs without the consumer's knowledge. Most notably, the Act covers not only the collection and tracking of information on the Internet, but also mobile devices. This sets the Do Not Track Me Online Act apart from other privacy legislation introduced over the past few years.
The bill would require companies to implement a mandatory "Do Not Track" mechanism, known as an opt-out feature, to allow consumers to effectively and easily prohibit the collection or use of personal information. The bill would also require companies to disclose, in a manner that is easily accessible to a consumer, information on the company's information practices, how the company will use or disclose the information, and the name of the persons who would disclose the information. The bill would prohibit the collection of protected information by a consumer if that consumer has opted out of having personal information collected. However, the consumer will always have the choice as to whether he or she wants to share personal information with companies.
The bill would also give the FTC the flexibility to exempt certain commonly accepted commercial practices, and to adjust the regulations over time to determine what online tracking is most harmful to consumers. In addition, the FTC would have the authority to take enforcement action against companies that do not follow the do-not-track requests of consumers.
Companies need to be aware of the myriad current privacy laws affecting their business practices, and that privacy laws are constantly evolving. The Do Not Track Me Online Act is only one of a number of privacy bills recently introduced into Congress. Companies need to proactively begin reviewing their own data collection practices and policies and prepare for the privacy law changes on the horizon.
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