How Congress could rein in Google and Facebook

In April, Mark Zuckerberg was called before the Senate Commerce and Judiciary committees to take responsibility for Cambridge Analytica. It was a brutal hearing, and lawmakers seemed ready for new regulation.

“This should be a wake-up call for the tech community,” Sen. John Thune (R-SD), chairman of the influential Commerce Committee said at the hearing.

The Democrats weren’t gentle either. “If Facebook and other online companies will not or cannot fix the privacy invasions,” Sen. Bill Nelson (D-FL), the committee’s ranking member said, “then we are going to have to. We the Congress.”

Six months and several hearings later, Congress is still figuring out exactly what fixing privacy might mean. After ambitious new data-sharing regulations like the European Union’s General Data Protection Regulation (GDPR), Congress is planning its own data privacy law, and how it’s written will matter immensely for companies like Google and Facebook.

Industry leaders and consumer advocates are already locking horns over the provisions of the bill, like whether it will prohibit states from enacting their own tougher privacy rules or exactly how it will define personal information. This fight will determine how the US government will be able to restrain predatory privacy practices for the foreseeable future.

“These developments have all combined to put the issue of consumer data privacy squarely on Congress’ doorstep,” Thune said ahead of a commerce hearing last month. “The question is no longer whether we need a federal law to protect consumers’ privacy. The question is what shape that law should take.”


How much control do consumers have over their data?

One of the most noticeable differences between the pre- and post-GDPR internet is the number of times users are asked to consent to data collection. Under the GDPR, users must give some form of explicit consent before companies can scrape them for data. They also must be provided with a method of revoking that consent at any time as well. Whatever the details, some version of those transparency and control requirements will be at the heart of any legislation.

Some of the most prominent “opt-in” bills were put forth in the aftermath of the Cambridge Analytica scandal, seeing it as a failure of user consent. A number of bills attempt to reckon with this flaw by requiring users to opt in to the collection or at least be notified of where their data is headed and for what purpose. Both Rep. Blackburn’s (R-TN) BROWSER Act, and Sen. Ed Markey’s (D-MA) CONSENT Act would require edge providers to ask users to opt in before any sensitive data is collected. It’s different from the current model, where companies like Google provide opt-out models somewhere in a profile’s settings options.

But even if these bills are enacted into law, they may not penalize other Cambridge Analytica-like events. Both of these bills only cover sensitive information like Social Security numbers, biometric data, and precise geolocation data. Cambridge Analytica dealt in data points that aren’t typically considered “sensitive,” like interests and location check-ins.

When it comes to notifying users following a breach, Sens. Amy Klobuchar (D-MN) and John Kennedy’s (R-LA) Social Media Privacy and Consumer Rights Act would enforce a 72-hour window for disclosure that is identical to the one implemented by the GDPR. The Markey bill would direct the Federal Trade Commission to develop breach disclosure requirements for situations in which “harm is reasonably likely to occur.” So far, the FTC hasn’t had much authority when it comes to holding tech companies accountable for privacy violations. Some of these bills would instill the agency with rule-making authority like the FCC’s telecom authority, effectively establishing the FTC as a powerful new federal privacy enforcer.

Other methods outside of congressional action when it comes to user control have been proposed as well. Over the summer, Sen. Mark Warner (D-VA) put out a white paper listing several suggestions for regulating tech, including one that would consider platforms as “information fiduciaries.” Basically, this would reclassify providers as bodies similar to those belonging to medicine, law, and finance, requiring social media platforms like Facebook to not act against the interests of its users. This rule could be officiated by several government agencies, moving faster than any bill through Congress. If approved, it would hold these companies up to a higher standard than ever before.

What counts as sensitive data?

Historically, personal details like what was easily found in a phonebook weren’t considered equally as damaging when compared to more “sensitive” pieces of data like credit card information and Social Security numbers. Over the past decade or so, this discussion has evolved, however. A leak of your legal name attached to an anonymous username for Reddit or OkCupid could spell reputational and emotional harm, even if it doesn’t technically count as a breach. Those more strict rules are something staunch consumer advocates believe is worth fighting for including in legislation.

Through measures like the California Consumer Privacy Act, consumers have more agency over that data. But at the very core of any piece of legislation is just how it will define “personal” or “sensitive” information. If these more basic pieces of information are not included in that definition, many companies could skate by without consequence if usernames, emails, or addresses were to be breached.

“We’ve recognized in the last several years, that individuals have a broader privacy concern in more information than just things that could be used to steal their identities,” said Laura Moy, executive director of Georgetown Law’s Center on Privacy & Technology. “[There’s] emotional harm from having information stolen, even if it’s not information about their finances.”

Several bills from this term wrestle with this definition, too, listing what types of information should be covered when regulating certain arms of the privacy debate and leaving out those forms of data that shouldn’t.

The Kennedy-Klobuchar bill would cover more stereotypically personal information like a user’s email and phone number on top of that more sensitive information. Both ITI and the Internet Association have laid out frameworks that would extend greater controls to users over their own data, ensuring that they could them to correct and delete the information that is collected. But in proposals like ITI’s, users would only have to explicitly consent to the collection of sensitive information, not the collection of more personal pieces like phone numbers.

The Blackburn and Markey bills are more limited, targeting information we have generally considered “sensitive.” Klobuchar’s includes that information, but it extends it further to cover more personal details like emails, phone numbers, and “any location information sufficient to identify the name of a street and a city or town, including a physical address,” too. If these were carried over as guidance for sweeping federal regulations, a broader definition like the one proposed by Klobuchar would greatly impact what kind of data that, when breached, would result in harsher penalties for companies.

Earlier this month, Facebook announced that 30 million accounts were compromised after login credentials were obtained by hackers through a security vulnerability. According to Facebook, the hackers were only able to obtain some basic security information like users’ names, emails, and phone numbers. If the Klobuchar bill were to be passed, Facebook would have been required by law to disclose the breach of these more personal details to its users.

A weak federal law could block stronger state laws

As Congress stalls out, some of the strongest privacy protections have come from state-level bills like the California Consumer Privacy Act (CCPA). Under that law, companies are required to give users the option to opt out of the sale and collection of their data. If a company were to continue doing so, the consumer could sue them. But industry leaders are now pushing for a preemption clause in the federal bill that would override the CCPA and prohibit any future state bills like it from being passed. If the clause is included, even a relatively strong federal bill could mean a step back in privacy protections for states like California.

Industry leaders say setting a single federal standard will make it easier for businesses to comply with the new rules. But for privacy groups, it’s just a way to lobby against strong protections from states. “It has often been state legislatures — not Congress — that have led efforts to protect consumer privacy,” American Civil Liberties Union senior legislative counsel Neema Singh Guliani said in an op-ed last month. “The private sector knows this, and many companies are looking to put a stop to it.”

All 50 states had data breach legislation and those stronger rules in some states made it compelling enough for Equifax to apply them nationally following the credit-monitoring company’s massive breach last year.

“If federal standards are strong and adapt to new threats, states may see no need to pass their own laws to supplement these standards. But preserving their ability to act if this is not the case can be good for the public,” Guliani said.

This is just the beginning

There’s no telling when Congress will move on these proposals — it may not be soon — but the discussions, hearings, and proposed legislation do indicate that lawmakers are questioning what could and should be done to rope in these tech giants.

For the next few months, expect more hearings, letters of inquiry, and calls for federal investigations, but don’t expect any real, dramatic changes to how companies like Facebook and Google collect and disseminate your data. The Commerce Department has yet to propose its framework, but once announced, it has the potential to shake up the debate even more.

Much of the conversation so far has simply been lawmakers marking their territory for future debates. When the next Congress comes into session, this discussion will come to a head, and Congress will have to decide how to reckon with the new power of platforms like Facebook.

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Privacy Policy

OnAppShop.com is committed to safeguarding your privacy. Contact us at if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.

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Table of Contents

  1. Definitions used in this Policy
  2. Data protection principles we follow
  3. What rights do you have regarding your Personal Data
  4. What Personal Data we gather about you
  5. How we use your Personal Data
  6. Who else has access to your Personal Data
  7. How we secure your data
  8. Information about cookies
  9. Contact information

1.Definitions

Personal Data – any information relating to an identified or identifiable natural person.
Processing – any operation or set of operations which is performed on Personal Data or on sets of Personal Data.
Data subject – a natural person whose Personal Data is being Processed.
Child – a natural person under 16 years of age.
We/us (either capitalized or not)

2.Data Protection Principles

We promise to follow the following data protection principles:

  • Processing is lawful, fair, transparent. Our Processing activities have lawful grounds. We always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request.
  • Processing is limited to the purpose. Our Processing activities fit the purpose for which Personal Data was gathered.
  • Processing is done with minimal data. We only gather and Process the minimal amount of Personal Data required for any purpose.
  • Processing is limited with a time period. We will not store your personal data for longer than needed.
  • We will do our best to ensure the accuracy of data.
  • We will do our best to ensure the integrity and confidentiality of data.

3.Data Subject’s rights

The Data Subject has the following rights:

  1. Right to information – meaning you have to right to know whether your Personal Data is being processed; what data is gathered, from where it is obtained and why and by whom it is processed.
  2. Right to access – meaning you have the right to access the data collected from/about you. This includes your right to request and obtain a copy of your Personal Data gathered.
  3. Right to rectification – meaning you have the right to request rectification or erasure of your Personal Data that is inaccurate or incomplete.
  4. Right to erasure – meaning in certain circumstances you can request for your Personal Data to be erased from our records.
  5. Right to restrict processing – meaning where certain conditions apply, you have the right to restrict the Processing of your Personal Data.
  6. Right to object to processing – meaning in certain cases you have the right to object to Processing of your Personal Data, for example in the case of direct marketing.
  7. Right to object to automated Processing – meaning you have the right to object to automated Processing, including profiling; and not to be subject to a decision based solely on automated Processing. This right you can exercise whenever there is an outcome of the profiling that produces legal effects concerning or significantly affecting you.
  8. Right to data portability – you have the right to obtain your Personal Data in a machine-readable format or if it is feasible, as a direct transfer from one Processor to another.
  9. Right to lodge a complaint – in the event that we refuse your request under the Rights of Access, we will provide you with a reason as to why. If you are not satisfied with the way your request has been handled please contact us.
  10. Right for the help of supervisory authority – meaning you have the right for the help of a supervisory authority and the right for other legal remedies such as claiming damages.
  11. Right to withdraw consent – you have the right withdraw any given consent for Processing of your Personal Data.

4.Data we gather

Information you have provided us with
This might be your e-mail address, name, billing address, home address etc – mainly information that is necessary for delivering you a product/service or to enhance your customer experience with us. We save the information you provide us with in order for you to comment or perform other activities on the website. This information includes, for example, your name and e-mail address.

Information automatically collected about you
This includes information that is automatically stored by cookies and other session tools. For example, your shopping cart information, your IP address, your shopping history (if there is any) etc. This information is used to improve your customer experience. When you use our services or look at the contents of our website, your activities may be logged.

Information from our partners
We gather information from our trusted partners with confirmation that they have legal grounds to share that information with us. This is either information you have provided them directly with or that they have gathered about you on other legal grounds. See the list of our partners here.

Publicly available information
We might gather information about you that is publicly available.

5.How we use your Personal Data

We use your Personal Data in order to:

  • provide our service to you. This includes for example registering your account; providing you with other products and services that you have requested; providing you with promotional items at your request and communicating with you in relation to those products and services; communicating and interacting with you; and notifying you of changes to any services.
  • enhance your customer experience;
  • fulfil an obligation under law or contract;

We use your Personal Data on legitimate grounds and/or with your Consent.

On the grounds of entering into a contract or fulfilling contractual obligations, we Process your Personal Data for the following purposes:

  • to identify you;
  • to provide you a service or to send/offer you a product;
  • to communicate either for sales or invoicing;

On the ground of legitimate interest, we Process your Personal Data for the following purposes:

  • to send you personalized offers* (from us and/or our carefully selected partners);
  • to administer and analyse our client base (purchasing behaviour and history) in order to improve the quality, variety, and availability of products/ services offered/provided;
  • to conduct questionnaires concerning client satisfaction;

As long as you have not informed us otherwise, we consider offering you products/services that are similar or same to your purchasing history/browsing behaviour to be our legitimate interest.

With your consent we Process your Personal Data for the following purposes:

  • to send you newsletters and campaign offers (from us and/or our carefully selected partners);
  • for other purposes we have asked your consent for;

We Process your Personal Data in order to fulfil obligation rising from law and/or use your Personal Data for options provided by law. We reserve the right to anonymise Personal Data gathered and to use any such data. We will use data outside the scope of this Policy only when it is anonymised. We save your billing information and other information gathered about you for as long as needed for accounting purposes or other obligations deriving from law, but not longer than 1 year.

We might process your Personal Data for additional purposes that are not mentioned here, but are compatible with the original purpose for which the data was gathered. To do this, we will ensure that:

  • the link between purposes, context and nature of Personal Data is suitable for further Processing;
  • the further Processing would not harm your interests and
  • there would be appropriate safeguard for Processing.

We will inform you of any further Processing and purposes.

6.Who else can access your Personal Data

We do not share your Personal Data with strangers. Personal Data about you is in some cases provided to our trusted partners in order to either make providing the service to you possible or to enhance your customer experience. We share your data with:

Our processing partners:

  • facebook.com
  • google.com
  • bing.com
  • twitter.com
  • pinterest.com

Our business partners:

  • facebook.com
  • google.com
  • bing.com
  • twitter.com
  • pinterest.com

Connected third parties:

  • facebook.com
  • google.com
  • bing.com
  • twitter.com
  • pinterest.com

We only work with Processing partners who are able to ensure adequate level of protection to your Personal Data. We disclose your Personal Data to third parties or public officials when we are legally obliged to do so. We might disclose your Personal Data to third parties if you have consented to it or if there are other legal grounds for it.

7.How we secure your data

We do our best to keep your Personal Data safe. We use safe protocols for communication and transferring data (such as HTTPS). We use anonymising and pseudonymising where suitable. We monitor our systems for possible vulnerabilities and attacks.

Even though we try our best we can not guarantee the security of information. However, we promise to notify suitable authorities of data breaches. We will also notify you if there is a threat to your rights or interests. We will do everything we reasonably can to prevent security breaches and to assist authorities should any breaches occur.

If you have an account with us, note that you have to keep your username and password secret.

Children

We do not intend to collect or knowingly collect information from children. We do not target children with our services.

8.Cookies and other technologies we use

We use cookies and/or similar technologies to analyse customer behaviour, administer the website, track users’ movements, and to collect information about users. This is done in order to personalise and enhance your experience with us.

A cookie is a tiny text file stored on your computer. Cookies store information that is used to help make sites work. Only we can access the cookies created by our website. You can control your cookies at the browser level. Choosing to disable cookies may hinder your use of certain functions.

We use cookies for the following purposes:

  • Necessary cookies – these cookies are required for you to be able to use some important features on our website, such as logging in. These cookies don’t collect any personal information.
  • Functionality cookies – these cookies provide functionality that makes using our service more convenient and makes providing more personalised features possible. For example, they might remember your name and e-mail in comment forms so you don’t have to re-enter this information next time when commenting.
  • Analytics cookies – these cookies are used to track the use and performance of our website and services
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You can remove cookies stored in your computer via your browser settings. Alternatively, you can control some 3rd party cookies by using a privacy enhancement platform such as optout.aboutads.info or youronlinechoices.com. For more information about cookies, visit allaboutcookies.org.

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Read more about cookies on our Cookie Policy

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Last Update: May 25, 2018

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