The Trump Administration Seeks Comment on Proposed Consumer Data Privacy Approach

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The National Telecommunications and Information Administration (NTIA) has requested comments on the Trump Administrations’ proposed approach to consumer data privacy. The Administration initiated this proceeding to modernize data privacy policy for today’s digital environment and to address consumer’s beliefs that they are losing control over their personal information. The Administration seeks to develop a policy that protects individuals’ privacy, provides legal clarity to organizations, and fosters innovation. The proposed approach centers on desired outcomes of organizational practices, and how those outcomes can be achieved. NTIA seeks comment on the following outcomes: (1) transparency-users should understand how an organization collects, stores, uses, and shares personal information; (2) control-users should be able to exercise control over the personal information; (3) minimization-data collection, use, storage and sharing of personal data should be  minimized proportionate  to privacy risks; (4) security-users should be able to expect that organizations employ security safeguards; (5) access-users should be able to reasonably access personal data; (6) risk management-users should be able to expect that organizations take steps to manage the risk of disclosure; and (7) accountability-organizations should be accountable for the use of personal data they collect. NTIA also seeks comment on high level goals including legal clarity, harmonization of the regulatory landscape, and a risk and outcome-based approach.  Comments are due by October 26, 2018, and may be submitted by e-mail to privacyrfc2018@ntia.doc.gov.

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