H.R. 749: Eliminate Privacy Notice Confusion Act

Introduced:
Feb 15, 2013 (113th Congress, 2013–2015)
Sponsor:
Rep. Blaine Luetkemeyer [R-MO3]
Status:
Passed House

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


3/12/2013--Passed House without amendment.
Eliminate Privacy Notice Confusion Act - Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from those disclosed in the most recent disclosure sent to consumers.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/113/1/hr749.

Background

The Gramm-Leach-Bliley Act (GLBA) requires financial institutions to issue privacy disclosure notices to consumers that detail the institution’s privacy policies if it shares customers’ non-public personal information with affiliates or third parties.  The law also requires notifying existing and potential customers of their right to opt out of sharing non-public personal information with third parties.  Such disclosures are required to occur when a customer relationship is first established with the institution and annually in written form as long as the relationship continues, even if no changes to the disclosure policies have occurred. 

H.R. 749 would reduce confusion among consumers that can occur when they receive annual privacy notices by clarifying that annual privacy notices are only required when disclosure policies change after the relationship begins, and to the extent an institution shares sensitive personal information with third parties for marketing purposes.

A similar bill, H.R. 5817, passed the House in the 112th Congress on December 12, 2012 by voice vote.  For more information, please see the Legislative Digest for H.R. 5817, located here.

Summary

H.R. 749 would create exemptions from annual privacy notice requirements for a financial institution that: (1) provides nonpublic personal information about consumers to unaffiliated third parties only in accordance with exceptions under the Graham-Leach-Bliley Act (e.g. service providers, law enforcement, or as necessary to fulfill a transaction requested by the customer), or (2) has not changed its disclosure policies and practices since the most recent disclosure was sent to consumers.

Cost

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House Democratic Caucus Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

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