The Privacy Enhancing Technology Research Act: A Bipartisan Move towards a Safer Digital Future

H.R. 4755: A Bipartisan Effort

Against the backdrop of our rapidly advancing digital age, privacy has emerged as both a concern and a necessity. Protecting sensitive data becomes critical as we continue to share our personal information online.

“Practically any digital action that internet users take — from social media or shopping online to browsing news or using email — creates data that is stored by companies or organisations” — Congresswoman Stevens.

Enter the Privacy Enhancing Technology Research Act, also known as H.R. 4755. Introduced by Representatives Tom Keane, Jr. and Haley Stevens on July 19, 2023, this legislation aims to create a safer and more trustworthy online environment and helps address unmet needs. It seeks to provide organisations with the tools to collect, share, and utilise data while minimising privacy risks.

The Act reflects a growing awareness of the dangers of unregulated data use. It’s not just a legal document but a commitment to a future where individuals can confidently navigate the digital landscape. With provisions spanning research, workforce development, and standard setting, H.R. 4755 sets a multifaceted framework for the future.

The need for such legislation couldn’t be more evident, as highlighted by a 2019 National Telecommunications and Information Administration survey, which found that 73 percent of U.S. households harbour significant concerns about online privacy and security risks.

In this post, we will dive into the specifics of the Act, explore the bipartisan efforts that brought it to life, and discuss its potential impact within the data privacy landscape.

Understanding the Act

PETs encompass a wide array of techniques and tools designed to protect personal information. Within the context of H.R 4755, these technologies play a vital role in reshaping how data is collected, shared, and utilised.

They can vastly improve how people’s privacy is protected when information about them is processed. Some examples of PETs discussed include:

• Differential Privacy: By adding carefully controlled statistical “noise” to a dataset, differential privacy obscures individual data points without distorting the overall patterns or trends, thus providing privacy for individuals within the data.
• Encryption: This is a technique that uses cryptographic methods to encode data. It allows only authorised parties with the correct decryption key to access the original information, thus ensuring the data’s confidentiality.
• Pseudonymisation: This process involves replacing personal identifying information with artificial identifiers or pseudonyms. While these replacements make individual data records less identifiable, they still retain the essential characteristics needed for data analysis and research.

This Bill seeks to help the difficult challenge before us; to correct privacy in a way that allows for the effective use of information.

Supporting Research on PETs and Development

The Act calls for collaboration with the National Science Foundation (NSF) and the National Institute of Standards and Technology (NIST) to support the development, deployment, and adoption of PETs. H.R. 4755 directs these agencies to conduct competitive, fundamental privacy research that can help improve these technologies, assess their limitations, and broaden their applicability.

H.R. 4755 values merit-reviewed research on technologies for de-identification pseudonymisation to mitigate privacy risks. The legislation also supports research on algorithms and mathematical tools to protect individual privacy during data handling.

Building a Stronger Workforce

The legislation also directs the NSF to support workforce development activities to help address the growing shortage of privacy researchers and practitioners across the United States via education and training.

Setting Standards

The Act emphasises the importance of developing standardised practices and technical standards for employing PETs across public and private sectors.

“I am eager to co-lead this bipartisan bill to ensure that when individuals are using any online platform, there is a standard level of security and limited privacy risks. By reshaping how organisations handle user data and prioritising the reduction of online risks for users, we are actively creating a safer and more trustworthy online environment” — Congressman Keane.

In addition, the Director of NIST is mandated to conduct outreach to private, public, and academic stakeholders, receiving their input on the development of PETs, and facilitating and supporting ongoing engagement to inform the development and dissemination of voluntary, consensus-based technical standards, guidelines, methodologies, procedures, and processes.

This intends to cost-effectively increase the integration of PETs in data collection, sharing, and analytics performed by the public and private sectors, reflecting a unified approach to privacy standards across various industries.

Government Coordination

PETs also have the potential to enable broader use of federal datasets as privacy risks are often the most significant barrier to open Government data efforts.

Though not drafted by a regulatory committee, the Bill aims to facilitate collaboration among federal agencies like the National Science Foundation (NSF), the National Institute of Standards and Technology (NIST), the Federal Trade Commission (FTC), and the Office of Science and Technology Policy (OSTP) to promote responsible data use.

The bill sets up an Interagency Coordinating Committee and a National Advisory Committee, ensuring that all parties involved have a seat at the table. The arrangement ensures that federal tools or services are directly accessible to those who need them most.

The Act also requires a report to Congress on the progress of PETs development and recommendations to improve communication and coordination between Federal agencies and the private sector on these technologies.

Addressing Geo-Tracking Concerns: An Essential Amendment to H.R. 4755

The amendment to H.R. 4755, brought forward by Miss Sykes of Ohio, targets the pressing issue of unauthorised geo-tracking. The need for such a legislative move was highlighted by Miss Sykes, by a distressing incident in which a constituent was stalked by her former partner using a geo-tracking device without legal recourse.

This amendment emphasises the importance of researching PETs to protect individuals, particularly victims of domestic violence and intimate partner violence, from further abuse through unwanted tracking. It underscores the need for an approach that considers not only technological advancements but the human dimension and potential to misuse.

Conclusion

The Privacy Enhancing Technology Research Act is a pivotal legislative step that reflects a national commitment to data privacy.

Congresswoman Stevens effectively summarises the essence of the Act by stating that in a time when personal information is more accessible than ever, it’s the duty of lawmakers to safeguard individuals. She stresses the need to utilise technology responsibly and to create a future where privacy is considered a fundamental value, not just an afterthought.

With bipartisan support and a vision that resonates across different sectors, H.R. 4755 not only represents the immediate response to the digital challenges of today but also sets a precedent for a thoughtful, cautious and proactive approach.

🏛️ Read the full bill here.

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