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North Dakota Voters Reject 'opt-out' Law

dakota_kid writes "Congratulations to the North Dakotans at protectourprivacy.net! They succeeded in convincing more than 70% of North Dakota voters to repeal a law that allowed banks and other financial institutions to share (read sell) a customer's private information unless the customer contacts each institution and 'opts-out'. This effectively requires these institutions to obtain the permission of their customers before sharing their personal information, e.g., getting them to 'opt-in'. I know most people don't pay much attention to the activities of North Dakota, and perhaps bank privacy laws, but most of the United States has similar laws, and because of what the North Dakota voters did yesterday, civil rights activists in other states my follow suite. So, if that's you, get to work, you can do it!"

7 of 22 comments (clear)

  1. amazing! by cheezus · · Score: 3, Informative

    And I was all worried because I forgot it was election day until after the polls had closed (doh! i suck at doing my civic duty). That was the main issue I wanted to vote on.

    I'm suprised that ND now has the tough privacy law. Some organization (no doubt funded by businesses like the banks) was running a LOT of television spots trying to scare us into thinking that having tighter privacy laws would "build a wall" around ND that would keep new business out. They also ran a cheezy one with a farmer on a tractor talking about how he trusts the local banks and credit unions, and there's no need to make even more new laws.

    Hooray for the most backward (well, except for the deep south) state in the union doing something progressive for a change!

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    1. Re:amazing! by cheezus · · Score: 2

      yes, i retract that statement. ND has a STATE bank and STATE elevator. Bunch of commies :)

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  2. great by austad · · Score: 4, Informative

    All 600,000 residents are now protected! Actually, having lived in ND for a year and half, it's surprising that this actually happened. They ran ads trying to scare people saying it would keep business out of the state, and I've noticed that people there tend to believe everything they see on TV, and are very concerned about bringing more business to the state.

    Of course, it's not privacy laws that are going to keep business out, it's the flatness, the lack of activities, and the high cost of getting a fat pipe that's keeping business away. Not to mention that if a business needs some piece of equipment in a hurry, it will take a couple days to ship it there since it's doubtful that it's available locally. I don't miss living there one bit, but it's good that they actually repealed this evil law.

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    1. Re:great by austad · · Score: 2

      There is that too, but I didn't think of it because I live in minnesota where winters are usually just as bad.

      Of course, in ND, there are no trees to block the wind, so you get obscenely cold wind chills. And when the ditches fill with snow so they are level with the road, it's hard to see exactly where the road is if there is any snow on it. Driving off the shoulder into an 8 foot ditch isn't much fun when you break through the hard crust on top.

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  3. Link to article in ComputerWorld by MacRonin · · Score: 3, Informative
    "ComputerWorld" - N.D. voters side overwhelmingly with privacy.

    WASHINGTON -- In a vote with potential national implications, North Dakota residents overwhelmingly agreed yesterday to bar the sale of personal data collected by banks, credit unions and other financial services firms to third parties.

    This is the first time that voters in a state have had the chance to toughen privacy protections set in the federal Gramm-Leach-Bliley financial modernization law, which allows financial services firms to freely share information without consumer consent.

    Of the approximately 115,000 votes cast in yesterday's referendum, nearly 74% voted to require consumer consent before data is shared. The state elections board offered vote results online.

    "This is the beginning of a consumer backlash against the sharing of information," said Avivah Litan, an analyst at Gartner Inc. in Stamford, Conn.

    [ ... ]

    Privacy advocates say the vote reaffirms opinion polls showing that customers want stronger privacy protections. "It's no longer speculation -- people want opt-in," said Chris Hoofnagle, legislative counsel at the Electronic Privacy Information Center.

    The vote comes at the same time Congress is considering legislation by U.S. Sen. Ernest "Fritz" Hollings (D-S.C.) that would preempt the ability of states to do what North Dakotan voters did yesterday.

    "It's becoming clearer that preemption of state law is an attempt to prevent strong privacy protections," said Hoofnagle.

  4. Not Surprised by foo12 · · Score: 2, Interesting

    I wasn't surprised in the least over the results of the measure. North Dakota was/is the last stronghold of the Nonpartisan League (NPL), a third party which is all but dead aside from the strange designation of North Dakota Democrats, D-NPL. In brief, the NPL was formed as response to abuses by out-of-state industry, specifically rail and milling interests --- obviously of consequence in an agrian state like ND --- and also out of state banking interests. The response was through socialization, which is why my students loans are from the literal Bank of North Dakota --- literal because it's state owned.

    Apparently that ol' NPL spirit hasn't died.

  5. I hate to sound like a sour grape here by hrieke · · Score: 2

    But what are the odds that the bank, credit card company, and everyone else that you have a business relationship with will simply change the contract (or whatever it is that you sign) that adds the following line: You agree to allow us to resell your information.

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