Revised Data Care Act Released

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

Privacy Bill Revived and Revised in Washington State

The Washington state legislature is again trying to pass privacy legislation after an effort to do so last session fell short. If passed, this would constitute the second major privacy and data security bill enacted in the U.S. after the “California Consumer Privacy Act” (CCPA) (AB 375) and the revised bill contains significant differences from … Continue reading Privacy Bill Revived and Revised in Washington State

House Energy and Commerce Releases Privacy Discussion Draft

As rumored, in mid-December, the House Energy and Commerce Committee has released its privacy discussion draft that is the result of a bipartisan effort led by Consumer Protection & Commerce Subcommittee Chair Jan Schakowsky (D-IL) and Ranking Member Cathy McMorris Rodgers (R-WA). The subcommittee is sharing this draft with stakeholders and is asking for feedback … Continue reading House Energy and Commerce Releases Privacy Discussion Draft

Privacy Bill A Week: United States Consumer Data Privacy Act of 2019

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

Privacy Bill A Week: Consumer Online Privacy Rights Act

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

A Privacy Bill A Week: the Obama Administration’s “Consumer Privacy Bill of Rights Act of 2015”

Last week, we took a look at two bills that approach privacy issues from the vantage of data ownership: Senator John Kennedy’s (R-LA) “Own Your Own Data Act” (S. 806), and Senators Mark Warner (D-VA) and Josh Hawley’s (R-MO) “Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data” (S. 1951). This week, we … Continue reading A Privacy Bill A Week: the Obama Administration’s “Consumer Privacy Bill of Rights Act of 2015”

Privacy Bill A Week: “Own Your Own Data Act” (S. 806) and the “Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data” (S. 1951).

This week, we will look at a pair of bills referenced by Senate Banking, Housing, and Urban Affairs Committee Chair Mike Crapo (R-ID) at a recent hearing on data ownership that take a different approach to privacy. In short, these bills would approach the issues presented by mass collection and use of consumer data by … Continue reading Privacy Bill A Week: “Own Your Own Data Act” (S. 806) and the “Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data” (S. 1951).

Spotlight: A Privacy Bill A Week: “Information Transparency & Personal Data Control Act” (H.R. 2013)

For this week, let’s examine a House bill, the “Information Transparency & Personal Data Control Act” (H.R. 2013) which is sponsored by Suzan DelBene (D-WA) and cosponsored by 22 other House Democrats. DelBene worked in Washington state’s technology sector before transitioning to public service, including a stint with Microsoft. At present, this is not a … Continue reading Spotlight: A Privacy Bill A Week: “Information Transparency & Personal Data Control Act” (H.R. 2013)

Spotlight: A Privacy Bill A Week

Last week, we took a look at Senate Finance Committee Ranking Member Ron Wyden's (D-OR) “Consumer Data Protection Act” discussion draft, not to be confused with Senator Bob Menendez’s (D-NJ) “Consumer Data Protection Act” (S. 2188), a data security and breach notification bill. As discussed at some length, in short, Wyden’s bill would vastly expand … Continue reading Spotlight: A Privacy Bill A Week

Spotlight: A Privacy Bill A Week: “Consumer Data Protection Act”

Last week, we dived into Senator Catherine Cortez Masto’s (D-NV) “Digital Accountability and Transparency to Advance Privacy Act” (DATA Privacy Act) (S. 583). Of course, Cortez Masto served as the attorney general of Nevada for eight years prior to succeeding former Senator Harry Reid (D-NV), and this bill demonstrates her background as her state’s top … Continue reading Spotlight: A Privacy Bill A Week: “Consumer Data Protection Act”