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Privacy and Fairness Prevail in Association Policies!


So if you check out websites like http://www.fpf.org (Future of Privacy Forum, or https://www.epic.org (Electronic Privacy Information Center), or even (Privacy Rights Clearing House) http://www.privacyrights.org you'll quickly find that much of the debate focuses on what policies need to be implimented. For this reason we at the Association ever so humbly submit this policy blue print.

This policy proposal is a blueprint from the Association for Consumer Effectiveness. It is the backbone of not only the Association Data Broker Auditing Program, and regulates various business activities and practices, including those of retail sellers and manufacturers of data products.

This policy is set to mirror the California Transparency in Supply Chains Act of 2010 in that it requires Data Brokers or other commercial data retail sellers and aggregated meta-data enhanced and created profile manufacturers doing business in the state to disclose their efforts to eradicate unethically created Commodity Information Bundles and to refrain from trafficking in unethically created CIB’s, and preventing the inclusion of unethically created CIB’s from entering their direct supply chains for Data goods offered for sale, as specified.

The Consumers of the Association for Consumer Effectiveness do enact as follows:

Section 1. Legal. (a) We shall seek to sue for all civil liabilities for fraud in the inducement, fraud in fact, as well as statutory fraud for any and all misleading and/or untrue statements utilized to illicit any personally identifiable information or private data from a consumer. Moreover, we shall seek full remedies in a court of law for any company that asks permission to collect and utilize data for stated purposes, and then utilizes that information for any purposes other than the stated purposes given any consumer in order to illicit and facilitates a willful surrendering and divulging of any information owned or possessed by a consumer.

(b) Fraud shall be prosecuted civilly and criminally for any one committing such fraud in order to illicit information owned by, possessed by, or divulged by or about any consumer.

(c) Permission is mandatory for the lawful collection, storage, usage, sales, or purchasing of any third party data which does not pertain directly to a data collector. While any such data handling should be a licensed profession regulated by both State and Federal Governments, it currently is grossly unregulated. Therefore, without permission to possess the private and personally identifiable data of another person, which is not readily available on public records, shall be at all times monitored for unlawful and unethical for possible identity theft.

(d) Conducting research about or on an individual through the use of their personally identifiable information without permission shall be prosecuted as criminal “cyber stalking,” as well as suing for the clear civil violations of the labor code. As it is common practice to pay a monitored subject, willing research subject, or study participant granting permission for their services of “being a monitored subject,” or ask for volunteers to agree to such studies someone any company or organization failing to secure permissions are subject to paying the required fees demanded by study or research subjects after the fact. It is lawful for each and every person and any man or woman to decide at what rate their time is worth, and base that rate upon the nature of the services provided. Therefore, researchers run the risk of being forced to pay very large “research subject services” fees to any subject whom they fail to secure and negotiate permission and payment rate with prior to the subjects’ inclusion into a study.

(E) At any time as a Data Broker collects or maintains any information or data which is personally identifiable to a consumer, then the said Data Broker musst inform the consumer at least annually of all information kept in the databases that can identify or be linked to any perticular consumer. The reason being this annual divulging of data is the only way to ensure the data being collected and stored is accurate and fair, as well as ensuring that commercial data brokers are not creating secret lists of predetermined winners and losers whom are or are not granted access to equal opportunities and access to information. Full disclosure is the only sure cure for the extraordinarily harmful manner and ways future nightmare scenerios are never played out!

SECTION 2. It is of the opinion of the Association for Consumer Effectiveness that all Data rights shall act in accordance with the common law of Trusts, and Data shall be given the legal status of property held and treated accordingly. This shall have the effect of the owner of the data control the rights and abilities to control any and all data, regardless of the manner or place in which it is stored. This is due to the fact that any data storing entity divulging any data held in trust shall be held liable for breach of trust. Moreover, this clears up any confusion as to rights and levels of clearance, as the right to possession always remains with the trustor. Therefore, it matters not if a data broker is holding medical information, if that information is belonging to doctors and subject to the legally protected “Doctor patient privilege” the information shall be treated as if it were stored in a locked file cabinet at a doctor’s office. Moreover, should that information be shared in an unauthorized manner, the doctor and the Data Trustee shall be liable to both the patient and any medical review board punishments.

SECTION 3. This act shall be known, and may be cited, as the Association for

Consumer Effectiveness Transparency and Fairness in Data Supply Chains Policy of 2016.

SEC. 3. The Association finds and declares the following:

(a) The gathering or creating of Commodity Information Bundles comprised of private consumer information that may be used to identify consumers personally or data from which personally identifiable information, facts, habits, or locations can be extrapolated or derived is an unethical and often unlawful practice, when no permissions of the individual being directly identified by that data have been expressly given. Therefore, any company baring the A.C.E. logo for ethical collection and usage shall agree not to purchase, create, traffic, sell, or otherwise handle or utilize any C.I.B.’s that were created by any means that fail to adhere to the collection, storing, and utilization guidelines and best practices for consumer data stablished by the Association for Consumer Effectiveness.

(b) Any C.I.B. which does contain personally identifiable information about a consumer shall be accompanied by a contract of permission for the consumer that is made personally identifiable by the data comprising the C.I.B. That permission contract will in plain language ensure the consumers permission to use, store, trade, sell, aggregate, add to, subtract from, as well as combine to the data contained in the C.I.B. in question. The contract shall be separate in of it, and shall accompany any and all C.I.B.’s at all times.

(c) Data Harvesting and collecting procedures are often hidden from view and are difficult to uncover and track. Therefore, the Consumer Permissions Contracts shall be generated and signed by the consumer at the point of harvesting and collection. No company baring the Ethical Information Operator logo granted by A.C.E. shall utilize, purchase, or aid in trafficking any data or information that does not have accompanying it a Consumer Permission Contract. Therefore, companies that are original data collectors such as stores utilizing rewards cards or membership lists shall at the point of harvest seek from the consumer a Consumer Permission Contract. This practice shall be utilized by ISP’s, social media websites, and any company wishing to profit from the massive amounts of consumer data they capture about consumers using their systems, rewards programs, cellular phones, or other business function that does collect directly from consumers their personally identifiable data.

(d) Any Consumer Permission Contract wishing to be recognized as being ethical by the Association and affiliating Ethical Information Operator Companies shall:

(1) Clearly and honestly recite the permissions granted by the consumer whose data does render them to be personally identifiable.

(2) Clearly declare what sorts of data the company collects on consumers on-line or elsewhere.

(3) State how they gather consumer data, or give the processes utilized in the collection and usage of consumer data on-line or elsewhere?

(4) Name the intended customers, and/or state who they sell their Consumer Information Bundles to?

(5) Disclose how the data collected is utilized by those they sell the data to? .

(6) Offer a process for consumers to “opt-out” from the collection and usage of consumer data on-line or elsewhere?

(7). Does the Data Broker offer a process for the correction of incorrect consumer data retained by the Data Broker by the consumer who the data pertains to?

(8). Does the Data Broker offer a process for consumers to “opt-out” from the collection and usage of consumer data on-line or elsewhere?

(9). Discloses how it utilizes and aggregates the information and data it collects into Commodity Information Bundles.

(10). The absolute right to bring any actions relating to the consumer information or its collection in any court of law having proper subject matter jurisdiction.

(e) Any company wishing to bare the Association badge for being an Ethical Information Operator, shall not purchase, sell, utilize, store, traffic, sell, aggregate, or add any information to any information, data, or C.I.B.’s which does not have the appropriate Consumer Permission Contracts attached.

(f) Should an Ethical Data Broker wish to receive C.I.B.’s that are lacking the required Consumer Permission Contracts, then the Data Broker themselves shall seek out the consumer who is the subject of any personally identifiable information and attempt to gain the required Consumer Information. If permission is not capable of being obtained, then any data broker or information operator receiving data without the required Consumer Permission Contract shall remove any such data or information that make the data contained in the C.I.B’s personally identifiable and only utilize that data which is not personally identifiable to any consumer.

(g) Consumers and businesses are inadvertently promoting and sanctioning collection or use of data through the purchase of goods and products that have been tainted in the supply chain. However, those consumers and businesses displaying the Ethical Information Operator logo granted by the Association for Consumer Effectiveness shall adhere strictly to the ethical best practices stated herein.

(h) Absent publicly available disclosures, consumers are at a disadvantage in being able to distinguish companies on the merits of their efforts to supply products free from the taint of unethical data and information. Consumers are at a disadvantage in being able to force the eradication of unethical data uses by way of their purchasing decisions, unless they only utilize companies barring an Ethical Information Operator Badge granted to that company by the Association for Consumer Effectiveness.

(g) It is the policy of this organization to ensure large retailers and manufacturers provide consumers with information regarding their efforts to eradicate unethical information and data trafficking from their supply chains, to educate consumers on how to purchase goods produced by companies that responsibly manage their supply chains beyond looking for the Association Ethical Information Operator, and, thereby, to improve the lives of victims of unethical information trafficking.

(2) For the purposes of this section, the following definitions shall apply:

(A) “Doing business in this state” shall have the same meaning as set forth in Section 23101 of the Revenue and Taxation Code.

(B) “Commodity Information Bundle” shall mean any group, groupings, lists, compiled data, or bundles of information gathered and bundled for the purposes of selling or trafficking said collected or gathered bundles of information or data from any source what-so-ever.

(C) “Manufacturer” means a business entity with manufacturing C.I.B.’s through collection, aggregation, harvest, trade, or purchase in order to assemble a bundle of data or information marketed for sale.

(D) “Retail seller” means a business entity with retail trade of C.I.B.’s as its principal business activity.

(b) The disclosure described in subdivision (a) shall be posted on the retail seller’s or manufacturer’s Internet Web site with a conspicuous and easily understood link to the required information placed on the business’ homepage. In the event the retail seller or manufacturer does not have an Internet Web site, consumers shall be provided the written disclosure within 30 days of receiving a written request for the disclosure from a consumer.

(c) The disclosure described in subdivision (a) shall, at a minimum, disclose to what extent, if any, that the retail seller or manufacturer does each of the following:

(1) Engages in verification of product supply chains to evaluate and has willingly submitted to the Association all required information required by the Association in order to verify the ethical or unethical nature of information products. (2) Conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit.

(3) Requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding privacy in the country or countries in which they are doing business.

(4) Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding information handling.

(5) Provides company employees and management, who have direct responsibility for supply chain management, training ethical data collection and uses, particularly with respect to mitigating risks within the supply chains of products.

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