MPR: A Privacy Bill of Rights

A Privacy Bill of Rights
by Bill Catlin
January 8, 2000

Minnesota House Republicans are proposing a Privacy Bill of Rights for Minnesotans. Republicans want to stop state government agencies from selling mailing lists, and force telemarketers to register with the state. The proposal drew criticism from DFL state attorney general Mike Hatch.

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REPUBLICAN HOUSE MAJORITY LEADER TIM PAWLENTY says the electronic exchange of personal data can be frightening.

Pawlenty: Governments and companies and others can peer into our lives in ways that really do invade a sense of personal security, of personal privacy, and we believe it is time, it's past time, for the state of Minnesota to come forward and try to address what we believe is the modern day equivalent of window-peeping.

The Republican proposals start with a plan to stop the state from selling lists acquired through the licensing of individuals and firms. The plan also would require telemarketing firms to register with the state. It would ban their use of telephone equipment that blocks caller ID, and impose a $15,000 fine for companies that ignore consumer requests to be taken off call lists.

Representative Roxanne Daggett says telemarketer registration fees would be used to educate citizens about their privacy rights.

Daggett: The reason for the registration fee is to help with identifying the ways that people can get on the do-not-call list, show them how - concerns with fraud with telemarketing. But I can envision a card or a post card that could sit right by their telephone telling them about fines and the possibilities of getting on the do-not-call list.

"If we're going to say we want to stop window peeping, don't window dress. Pull down the shade. Don't trick people."

- Mike Hatch

The plan includes efforts to protect privacy in the medical and financial arenas, and would prevent Internet service providers from selling information about online purchases and the frequency of visits to specific Web sites.

DFL State Attorney General Mike Hatch gave the plan a mixed review. Hatch won a big public-relations victory in a lawsuit against US Bancorp over that company's use of customer financial information. He also has a lawsuit pending against Minnesota Public Radio over its fundraising disclosure practices.

Hatch complimented the Republican proposal to ban sales of government lists for commercial purposes. But he called the rest of the proposals "window dressing," saying they lack adequate protections for financial and medical information.

Hatch: I think it's a great disservice for any legislator to propose bills which don't address this issue. If we're going to say we want to stop window peeping, don't window dress. Pull down the shade. Don't trick people.

Hatch says a DFL proposal in the works, for example, would require telemarketing firms to reveal where they got someone's name, and whether they've got the credit card number too.

A spokeswoman for the Minnesota Chamber of Commerce, the state's largest business group, says the organization has yet to deal with the issue of privacy and hasn't taken a position.

But DFL leaders have held hearings on privacy and say they will make it a priority in the 2000 session that starts February 1. Hatch says privacy is a very hot political issue now.

Hatch: You're going to see this one in about 30 states. This is the biggest issue popping up all over the country. Every legislature right now is pushing this.

With the new Republican proposal it's almost assured some form of privacy legislation will emerge from this year's session. But whose vision will prevail and who gets the political credit are battles that remain to be fought.

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