House Democrats seek to beef up federal privacy protections

Legislation introduced by House Democrats Thursday calls for the appointment of chief privacy officers within every federal agency and the creation of a federal privacy commission to review policies and protect civil liberties.

The bill would require the president to designate a senior chief privacy officer within the Office of Management and Budget to coordinate federal government privacy policies. The head of each federal department and agency also would be required to appoint a senior official for privacy policy, according to the Strengthening Homeland Innovation to Emphasize Liberty, Democracy and Privacy Act (H.R. 4414).

"As we look at protecting our homeland, it's about protecting the individual rights of all Americans," Rep. Kendrick Meek, D-Fla., told reporters during a telephone interview. "We must use the most advanced intelligence collection and also analyze the mechanisms that allow us to reach our full potential … while we're pursuing that, it's important we take into account the impact on our fundamental freedoms. We don't have to see a major violation of privacy or individual rights for us to act."

The SHIELD Act is the sixth in a set of bills introduced in recent weeks by Democrats on the House Homeland Security Committee.

The Commission on Privacy, Freedom and Homeland Security would exist for 24 months and conduct a legal and factual study on U.S. efforts to further homeland security in a manner that protects privacy and civil rights. The commission would be charged with studying whether federal agencies are properly assessing privacy implications before implementing new technologies; the impact of federal legislation enacted or pending since the Sept. 11 terrorist attacks, and privacy protection efforts undertaken by federal, state and foreign governments.

The commission would also review and make recommendations on the government's use of individual information from commercial databases and lists.

"Right now there isn't a commission that's looking at just the issue of privacy across the board," Meek said. "It's important that we have as much advice and information prior to making decisions."

Meek said he believes Republicans will support the bill. He said all members of Congress should work to ensure privacy safeguards, especially in the creation and deployment of new technology, if the public is going to support anti-terrorism efforts.

"As we continue to talk about this legislation and talk about the importance of privacy, I'm sure that members on the Republican side will take part in it," he said.

The Homeland Security Department is the only federal agency to have a chief privacy officer. The Democrats asserted, however, that many homeland security programs are being developed in other agencies, but not receiving the necessary scrutiny to ensure protections.

Meek said he does not believe the SHIELD Act, if adopted, would create unnecessary bureaucracy within federal agencies. He acknowledged that all agencies may not need a chief privacy officer, saying that the exemptions could be made if needed.