Oversight Hearing On Financial Privacy and the Gramm-Leach-Bliley Financial Services Modernization Act

ongress knew that the 1999 Gramm-Leach Bliley Financial Services Modernization Act (GLBA) - a law long-sought by the financial industry to encourage the creation of integrated financial services firms -- would exacerbate already-identified financial privacy threats. So  Congress incorporated Title V to protect financial privacy, which included the following five key provisions. The most important and most successful is the last: the fail-safe states' rights provision allowing states to enact stronger financial privacy laws.

Comments to California Department of Insurance Concerning Privacy of Personal Financial and Medical Record Information

We are pleased to see that the proposed regulations, as revised, include a number of changes that will benefit individual privacy interests. We commend the staff of the Department for efforts to balance multiple interests and their willingness to consider our concerns about loss of personal privacy.

Comments to Department of Health and Human Services re Breach Notification for Unsecured Protected Health Information

The Privacy Rights Clearinghouse (PRC) appreciates this opportunity to comment on the Department of Health and Human Services’ (HHS or Department) interim final rules regarding breach notification to individuals in the event of unauthorized use and access of protected health information. The rules, issued in coordination with the Federal Trade Commission (FTC), are mandated by Section 13402 of the Health Information Technology for Clinical Health (HITECH) A

Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003

The detection of red flags and the need to reconcile address discrepancies are among the most important anti-identity theft measures included in FACTA. Effective business policies and practices that spot attempted and actual identity theft early have great potential for relieving this national crime wave. This was the promise and Congress’ intent when it directed the Agencies to adopt Red Flag Regulations along with procedures to reconcile address discrepancies in credit reports.

Ten Privacy Principals for Health Care

Health-related information that we share with doctors and others is among the most intimate and sensitive of all personal information. In addition to information about physical health, these records may include information about family relationships, sexual behavior, substance abuse, and private thoughts and feelings related to mental health.

Yet, as privacy advocate Evan Hendricks put it, video rental records in this country are afforded more privacy protection under law than are medical records.

Privacy Principles for California

California has many privacy-related laws on the books. These address government agency information use, telephone records and wiretapping, credit reporting, telemarketing, medical records, employment records, cable television viewing patterns, video rental records, merchant information gathering, insurance record-keeping, and identity theft. In many instances, California has led the nation in the creation of such 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.

"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.

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