Online Privacy Protection Act of 2005
Latest action (4 Jan 2005): Introduced
What this bill does
H.R. 84, the Online Privacy Protection Act of 2005, would direct the Federal Trade Commission to write regulations, within one year of enactment, governing how commercial websites and online services collect, use, and disclose personal information from individuals age 13 and older who are not already covered by the Children's Online Privacy Protection Act. Operators would need to post clear notices about what information they collect and how it is used or shared, offer users a simple way to limit disclosure for unrelated purposes, provide individuals access to certain information sold to outside companies, and maintain reasonable data security. The bill allows industry-developed "safe harbor" guidelines, approved by the FTC, as an alternative compliance path.
The rules would apply to commercial website and online service operators (with an exemption for certain nonprofits) engaged in interstate or foreign commerce. Violations would be treated as unfair or deceptive practices under FTC law, with enforcement by the FTC, applicable banking and other federal regulators, and state attorneys general, who could sue on behalf of residents. The Act would partially preempt inconsistent state laws, though not state fraud prosecutions, and requires an FTC review and report to Congress five years after the regulations take effect.
The bill was introduced by Rep. Rodney Frelinghuysen on January 4, 2005, and referred to the House Committee on Energy and Commerce. It did not receive a vote and did not advance further in the 109th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Online Privacy Protection Act of 2005 - Makes it unlawful for an operator of a Web site or online service to collect, use, or disclose personal information concerning an individual (age 13 and above) in a manner that violates regulations to be prescribed by the Federal Trade Commission (FTC) requiring such operators to protect the confidentiality, security, and integrity of personal information it collects from such individuals. Requires such regulations to require such operators to provide a process for such individuals to consent to or limit the disclosure of such information. Directs the FTC to provide incentives for efforts of self-regulation by operators to implement appropriate protections for such information.Authorizes the States to enforce such regulations by bringing actions on behalf of residents, requiring the State attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.Provides for enforcement of this Act through the Federal Trade Commission Act.
Common questions
- What does H.R. 84 do?
- H.R. 84, the Online Privacy Protection Act of 2005, would direct the Federal Trade Commission to write regulations, within one year of enactment, governing how commercial websites and online services collect, use, and disclose personal information from individuals age 13 and older who are not already covered by the Children's Online Privacy Protection Act. Operators would need to post clear notices about what information they collect and how it is used or shared, offer users a simple way to limit disclosure for unrelated purposes, provide individuals access to certain information sold to outside companies, and maintain reasonable data security. The bill allows industry-developed "safe harbor" guidelines, approved by the FTC, as an alternative compliance path. The rules would apply to commercial website and online service operators (with an exemption for certain nonprofits) engaged in interstate or foreign commerce. Violations would be treated as unfair or deceptive practices under FTC law, with enforcement by the FTC, applicable banking and other federal regulators, and state attorneys general, who could sue on behalf of residents. The Act would partially preempt inconsistent state laws, though not state fraud prosecutions, and requires an FTC review and report to Congress five years after the regulations take effect. The bill was introduced by Rep. Rodney Frelinghuysen on January 4, 2005, and referred to the House Committee on Energy and Commerce. It did not receive a vote and did not advance further in the 109th Congress.
- Has H.R. 84 become law?
- Not yet. As of 4 Jan 2005, H.R. 84 is introduced.
- Who sponsored H.R. 84?
- H.R. 84 was sponsored by Rep. Rodney Frelinghuysen [R-NJ11, 1995-2018] (Republican-NJ), with 0 cosponsors.
- What's the latest action on H.R. 84?
- Introduced (4 Jan 2005).
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