Antitrust Law Daily Wrap Up, PRIVACY NEWS: Congressman suggests basing consumer privacy legislation on APPS Act, (Oct 25, 2013)
Organizations Mentioned:National Telecommunications & Information Administration
By Tobias J. Gillett, J.D., LL.M.
In a letter to President Barack Obama, Rep. Henry C. “Hank” Johnson (D-Ga.) requested the President to consider basing his Consumer Privacy Bill of Rights legislation on Rep. Johnson’s Application, Privacy, Protection, and Security (APPS) Act, and called for an “open and inclusive” drafting process.
“It is time to move forward with the Consumer Privacy Bill of Rights through legislation,” Johnson’s October 24 letter declared, noting increased concern about privacy among mobile device users. He suggested the use of an “open and inclusive” drafting process for the new legislation modeled on his AppRights approach to drafting the APPS Act, which involved soliciting the public’s “values and input.”
Johnson’s letter went on to “commend” President Obama for pursuing a “stakeholder-driven process” for consumer privacy. He observed that the APPS Act incorporated the National Telecommunications & Information Administration (NTIA)’s multi-stakeholder approach by including a safe harbor for developers who adopted the NTIA code. He saw the industry code as “an important step in building transparency and consumer choice into mobile apps without disrupting functionality or design.” He also supported President Obama’s “decision to equip the FTC with the tools to operationalize the requirements and prohibitions created through a stakeholder-driven process.”
Johnson closed his letter by urging the President to consider the APPS Act when designing the new legislation.
“Consumers want simple controls over privacy on mobile devices, security to prevent data breaches, and effective notice and information about data collection,” Rep. Johnson concluded. “The APPS Act answers this call. By bringing baseline privacy protections to mobile devices, the APPS Act would protect and empower these consumers with transparency, notice, and control on mobile devices.”
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