H.R. 749: Eliminate Privacy Notice Confusion Act

H.R. 749

Eliminate Privacy Notice Confusion Act

Date
March 12, 2013 (113th Congress, 1st Session)

Staff Contact
Communications

Floor Situation

On Tuesday, March 12, 2013, the House is scheduled to consider H.R. 749, the Eliminate Privacy Notice Confusion Act, under a suspension of the rules. The bill was introduced on February 15, 2013 by Rep. Blaine Luetkemeyer (R-MO) and referred to the Committee on Financial Services.

Bill 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.

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.

Cost

There is no CBO score currently available.  However, CBO does not expect the bill to have any effect on direct spending or revenues.