The CCPA follow on bill on the ballot in California will significantly change how the state regulates privacy, which will set the de facto standard for the U.S. in the absence of federal legislation. With the “California Privacy Rights Act” (CPRA) having been successfully added to the November ballot on which Californians will vote … Continue reading CPRA Analyzed
Other Developments First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and 2020 here. A number of tech trade groups are asking the House Appropriations Committee’s Commerce-Justice-Science Subcommittee “to direct the National Institute of Standards and Technology (NIST) to create … Continue reading Further Reading and Other Developments (6 June)
Democratic stakeholders answer a Republican proposal on how to regulate privacy issues raised by COVID-19 contact tracing. The proposals have little chance of enactment and are mostly about positioning. First things first, if you would like to receive my Technology Policy Update, email me. You can find some of these Updates from 2019 and … Continue reading Dueling COVID-19 Privacy Bills Released
Senator Jerry Moran (R-KS) has released his long-awaited privacy and data security bill, the “Consumer Data Privacy and Security Act of 2020” (S.3456) that is not cosponsored by Senator Richard Blumenthal (D-CT) even though the two Senators have been in talks since late 2018 along with other Senators to draft a bipartisan bill. Of course, … Continue reading Moran Releases Long Awaited Privacy Bill Without Blumenthal
Senator Brian Schatz (D-HI) and his cosponsors have reintroduced a slightly changed version of the “Data Care Act” (S. 2961), a privacy bill that would impose upon many entities that collect and use the personal data of people a fiduciary duty of care. In December 2018, Schatz and his cosponsors introduced the “Data Care Act” … Continue reading Revised Data Care Act Released
The majority staff of the Senate Commerce Committee circulated the “United States Consumer Data Privacy Act of 2019” (CDPA), a draft data privacy bill days after Ranking Member Maria Cantwell (D-WA) and her cosponsors released the “Consumer Online Privacy Rights Act“ (COPRA) (S.2968) (See here for more analysis). Of course, these competing proposals came before … Continue reading Privacy Bill A Week: United States Consumer Data Privacy Act of 2019
Yesterday, we posted the political backdrop for the introduction of the “Consumer Online Privacy Rights Act“ (COPRA). Today, let's turn to the substance of the bill. Under COPRA, entities covered by the new requirements is a broad class simply defined as those already subject to the FTC Act and “process[] or transfer[] covered data.” The … Continue reading Privacy Bill A Week: Consumer Online Privacy Rights Act
The last bill we examined on privacy and data security was Representatives Anna Eshoo (D-CA) and Zoe Lofgren’s (D-CA) the “Online Privacy Act of 2019” (H.R. 4978), a long, comprehensive bill that has little chance of being enacted as it is. Another such bill has been introduced by Senate Democratic stakeholders that takes a comprehensive … Continue reading Senate Commerce Democrats Unveil Privacy Bill
The ranking members of four Senate Committees have released their principles for any privacy legislation, many of which are likely to be rejected by Republicans and many industry stakeholders (e.g. no preemptions of the “California Consumer Privacy Act” (AB 375) and a private right of action for consumers). Nonetheless, Senators Maria Cantwell (D-WA), Dianne Feinstein … Continue reading Senate Democrats Release Privacy Principles
Last week, we dived into the last White House on privacy, the discussion draft of the “Consumer Privacy Bill of Rights Act of 2015“ released by the Obama Administration. This bill was released in conjunction with a report on privacy issues and then proceeded to go nowhere as there was scant appetite on Capitol Hill … Continue reading A Privacy Bill A Week: Online Privacy Act of 2019
Michael Kans 