During today's markup of H.R. 2577, the Energy and Commerce Committee's Subcommittee on Commerce, Manufacturing, and Trade approved an amendment sponsored by Rep. Pete Olson (TX-22) and Rep. Marsha Blackburn (TN-7) to strike language that would have given the Federal Trade Commission (FTC) expansive APA rule-making authority over "personal information".
Rep. Olson stated: "We need to move forward with comprehensive data security legislation, and the SAFE Data Act puts in place important protections for consumers. But we also need a balanced bill that protects consumers without putting unnecessary burdens on companies or hindering the important uses of data. The Blackburn-Olson amendment ensures that Congress - not an unelected bureaucracy - determines the definition of personal information. With this amendment, the proper protections will remain for the best balance between protecting consumers from identity theft and businesses ability to operate without excessive federal regulations."
"Today's passage of the Blackburn-Olson amendment is a defeat for regulation and a victory for job creators," Blackburn said. "This correction, takes away the FTC's radical APA rulemaking authority, and provides the much needed certainty for businesses that the FTC can't overreach in defining 'personal information'. Congress should not delegate such broad authority to an unaccountable and unelected body."