Trade Law Daily is a service of Warren Communications News.

The Direct Marketing Association (DMA) urged lawmakers to avoid privacy...

The Direct Marketing Association (DMA) urged lawmakers to avoid privacy legislation that places restrictions on third-party data brokerage companies, in letters sent Monday to eight House lawmakers (http://xrl.us/bnkknj). Restrictions on data use could have negative consequences on America’s job creation,…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

economic growth and innovation, the group wrote to Reps. Ed Markey, D-Mass., and Joe Barton, R-Texas, chairmen of the Congressional Privacy Caucus; House Commerce Committee Ranking Member Henry Waxman, D-Calif.; Commerce, Manufacturing and Trade Subcommittee Ranking Member G.K. Butterfield, D-N.C.; Steve Chabot, R-Ohio; Austin Scott, R-Ga.; Bobby Rush, D-Ill.; and Jan Schakowsky, D-Ill. The eight lawmakers previously said large-scale aggregation of personal information raises a number of serious privacy concerns and asked nine data brokerage companies to explain how they collect and use consumer data (CD July 26 p14). The companies included in the inquiry were Acxiom, Alliance Data Systems, Equifax, Experian, Harte-Hanks, Intelius, FICO, Merkle and Meredith Corp. DMA said it was concerned that the congressional inquiry appears to question “legitimate commercial data practices” and sought to dissuade lawmakers from creating “unnecessary” restrictions on marketing practices. DMA said the Supreme Court determined last year that companies can legally mine consumer data for advertising purposes in Sorrell vs. IMS Health Inc. The case overturned a Vermont statute that prevented data mining companies from selling patient prescription information to pharmaceutical firms. DMA said the case affirmed that “truthful advertising activities -- including the transfer and use of data for advertising -- are protected speech under the First Amendment.” Congress should continue to avoid placing restrictions on commercial data practices and support industry self-regulation efforts as the “most efficient and effective method” to address privacy concerns, the letter said.