Democrat Proposes Creating Data Protection Authority To Address Privacy

Another Senate Democrat has introduced a privacy and data security bill. Senator Kirsten Gillibrand's "Data Protection Act of 2020" (S. 3300) would create a federal data protection authority along the lines of the agencies each European Union member nation has. This new agency would be the primary federal regulator of privacy laws, including a number … Continue reading Democrat Proposes Creating Data Protection Authority To Address Privacy →

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 →

Senate Commerce Revisits Privacy In Light of Legislative Proposals

On December 4, the Senate Commerce, Science, and Transportation Committee held a hearing titled ”Examining Legislative Proposals to Protect Consumer Data Privacy” a week after two competing proposals were released: the “United States Consumer Data Privacy Act of 2019“ (CDPA) and the “Consumer Online Privacy Rights Act“ (COPRA) (S.2968). Chair Roger Wicker (R-MS) stated “[f]or … Continue reading Senate Commerce Revisits Privacy In Light of Legislative Proposals →

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 →

Senate Commerce Democrats Unveil Privacy Bill

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 →

Senate Democrats Release Privacy Principles

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 →

A Privacy Bill A Week: Online Privacy Act of 2019

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 →

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” →