Groups Submit Comments to National Banks Agency Opposing Preemption of States

The OCC's proposed revisions to 12 CFR Parts 7 and 34 of its regulations identify certain types of state laws that would be preempted for non-real estate loans made by national banks.

The scope of the OCC's proposal potentially affects consumer protection and privacy laws of many states. However, we limit our comments to the potential impact on California laws. Particularly troubling is the uncertain implication of the OCC's rulemaking for important identity theft laws that involve access to, and use of, credit reports. Of equal concern is the OCC's proposed regulation to preempt state laws that require national banks to give mandated statements to be included in billing or credit related documents.

Is Your Client Prepared To Comply with the Data Security Breach Notification Laws? (Mansfield)

California adopted the first data security breach notification law, codified at Cal. Civ. Code Section 1798.80 et seq., effective July 1, 2003. nearly 40 other states have since adopted similar laws modeled after, but not the same as, the California law. Presently pending in Congress are several bills that would adopt a variant of the California model on a nationwide basis, including the Notification of Risk to Personal Data Act of 2007, S.239 (introduced January 10, 2007).

Letter to California Legislators and Governor Gray Davis by 15 Consumer-related Organizations in Favor of Strong Opt-in Financial Privacy Legislation

The undersigned organizations urge your support of legislation giving customers of financial institutions stronger rights of privacy over their customer information.

This is a critical time for California consumers. In 1999 Congress passed and the President signed the Financial Services Modernization Bill. This far-reaching law enables banks to become affiliated with insurance companies and brokerage firms. This law contains only the weakest of customer privacy provisions - requiring financial institutions to provide customers an opt-out opportunity before selling customer data to unaffiliated third parties.1

"A Review of State and Federal Privacy Laws": Testimony to the California Legislature Joint Task Force on Personal Information and Privacy

I will speak briefly about two related topics: First, I will give an overview of a code of privacy principles called the Fair Information Practices. These, in part or in full, form the basis of many privacy-related laws, as well as industry initiatives.

Second, I will talk about the approach taken at the federal and state levels to privacy laws, with a brief outline of some of those laws.

JetBlue: Complaint for Violations of CA Business and Professions Code Sections 17200, et seq.

JetBlue Airways Corporation ("JetBlue"), through an agreement with Torch Concepts, acting in its capacity as a subcontractor for SRS Technologies, provided the personal information of over a million passengers, some of whom are located in California, without such passengers' authorization or consent and in violation of JetBlue's stated privacy policy not to share without consent any passenger data with any third parties.

Privacy Implications of Privatization of the County's Information Technology Systems

A great deal has been said and written about the management of technology under a privatized system. But little about the information itself.

The County holds a tremendous amount of personal information about its citizens. Property tax records, voting files, library records, the extensive data files of our social services including health and welfare data, birth, death, and marriage certificates, court documents, and so on.

Privacy Rights of the Homeless

In the United States, the importance of protecting an individual's social services records has not been recognized. Even where laws exist to protect such information, they are often ill-applied or unenforced. Compounding this problem is a substantial lack of awareness among both social services clients and program administrators concerning what types of information may or may not be protected.

For instance, does the right to privacy allow a homeless person to hide the fact that she is homeless from potential landlords or employers? Do low-income social services recipients have the right to inspect the agency's records concerning them and to have errors corrected? What restrictions are placed on the disclosure of public and private social services records?

Federal Agencies' Joint Request for Comment: Alternative Forms of Privacy Notices

The Gramm-Leach-Bliley Act (GLB) requires financial institutions to give customers annual notice of how personal information is collected and disclosed, and, under limited circumstances, a means for customers to control information flow. The notices delivered to consumers, beginning with the effective date of July 1, 2001, until now have generated substantial criticism from all interested parties. As the ANPR notes, there have been broad-based concerns expressed by representatives of financial institutions, consumers, privacy advocates, and Members of Congress.

In response to numerous concerns expressed by all stakeholders about privacy notices, the FTC convened a workshop in December 2001, just five months after financial institutions were required to send the initial privacy notice to customers. To further address these continuing concerns, the Agencies have published the ANPR. That the Agencies are willing to revisit the issue of clear notice to consumers by considering a short-form notice is an encouraging sign for consumer privacy interests.

Comments to the California Department of Insurance Proposed Regulations ER05043832: Property Loss Databases

The Privacy Rights Clearinghouse (PRC) is please to write in support of the Department’s continuing efforts to protect California consumers from adverse insurance decisions based on error ridden claims history reports. A steady stream of consumer complaints filed with the Department as well as the PRC’s experience with consumer concerns make further action by the Department both justified and necessary.

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