Path: utzoo!utgpu!news-server.csri.toronto.edu!cs.utexas.edu!usc!zaphod.mps.ohio-state.edu!uakari.primate.wisc.edu!dali.cs.montana.edu!milton!cyberoid From: cyberoid@milton.u.washington.edu (Robert Jacobson) Newsgroups: comp.org.eff.talk Subject: Re: Lotus Marketplace Keywords: CD-Rom consumer database,privacy Message-ID: <12692@milton.u.washington.edu> Date: 10 Dec 90 06:42:18 GMT References: <1990Nov18.224340.3041@agate.berkeley.edu> <1001@qusunitg.queensu.CA> Organization: Human Interface Technology Lab, Univ. of Wash., Seattle Lines: 40 In California, in 1989, a bill (AB 539, Moore) was authored by Assemblywoman Gwen Moore to redress the imbalance between those creating and selling databases, and those who personal information was contained in them. It required a company not already covered by one of several more specific privacy laws to either: (1) Notify people upfront, when information was collected, that their information was going to be passed around, and to whom (in at least a general sense). or (2) Annually provide a notice of third parties to whom the person's personal information (as defined, intimate stuff not normally released to the public) had been released. You may be surprised to know that, with the exception of TRW, almost all of the commercial parties to a legislative pow-wow on this proposal agreed with its general tenor. They also made the case that legitimate firms had everything to gain from alleviating consumers' worry about their personal information, and everything to lose by fly-by-nights serving the stuff up without safeguards. The penalty for failing to provide information, direct and indirect damages for release of the information and resulting harm, were similarly agreed to on an approximately 35-1 "vote." Banks, retailers, Realtors, credit agencies, database vendors...all had positive things to say. But, the California Legislature being the weak institution it was, it only required TRW to make its case for the bill, which had passed the State Assembly, to fail in the Senate. I know. I drafted the legislation and hammered out the amendments. It could have worked, kept "government" out of the enforcer role, and redressed the imbalance. Too bad that some entities want it all. Bob Jacobson Former Principal Consultant Assembly Utilities and Commerce Committee