A Case for Federal Privacy Law

An informative event concerning all things related to data privacy took place in Washington, D.C. on July 11.

Data Done Right, a conference hosted by the U.S. Chamber of Commerce, featured discussions on many of the policy issues that surround the use of consumer data by the tech industry. A variety of speakers presented their views on the future of tech innovation, and how to protect the individual privacy of consumers, while at the same time promoting innovation and certainty.

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Who's Affraid of the Big Bad $5B Wolf?

Last Friday's breaking news story by The Wall Street Journal, that the FTC has approved a fine of $5 billion to be imposed on Facebook came may have come as no surprise. But what does this really mean for Facebook? - and how will it affect boardroom conversations about compliance with consumer privacy law?

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Nevada Privacy Law grants “data for sale” opt-out rights

Nevada Governor Steve Sisolak has signed into law an amendment (SB 220) to Nevada’s security and privacy law which requires operators of commercial websites or online services to allow consumers to opt-out of the sale of any covered personal information that the operator has, or intends to, collect about them.

The SIlver State’s new law will come into effect on October 1, 2019, two months ahead of the more comprehensive California Consumer Privacy Act (CCPA). This will make it the first law in the United States that gives consumers the right to opt-out of the sale of their personal data.

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New York Privacy Bill: Bolder than CCPA?

It’s no secret that lobbying groups have been working overtime in their attempts to derail the California Consumer Privacy Act (CCPA) before it becomes law on January 1, 2020. It’s also widely known that some of these groups are lobbying on behalf of certain tech giants, who see the new privacy law as a threat to their data collection practices.

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Texas: A tale of two Acts on the road to Consumer Privacy law.

Back in March of this year, not one, but two consumer privacy bills were filed in the Texas House of Representatives. Republican Rep. Giovanni Capriglione filed House Bill 4390 a.k.a. Texas Privacy Protection Act, while Democrat Rep. Trey Martinez Fischer filed HB 4518 a.k.a. the Texas Consumer Privacy Act.

Unsurprisingly, both bills are modeled on California’s Consumer Privacy Act (CCPA). But that’s where the similarity ends, as there are a number of differences between the two bills.

In this article we examine what Texas started out with ….and what it ended up with.

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FTC Gets Tough on Data Security: 5 vital take-aways

The Federal Trade Commission’s (FTC) advice on Data Security says; having a sound security plan in place to collect only what [data] you need, keep it safe, and dispose of it securely can help you meet your legal obligations to protect sensitive data.

So, what happens when this sage advice is not taken?

Well, it seems the FTC is taking a much tougher stance on compliance obligations of consent orders it enters into with businesses to settle enforcement actions relating to data breaches.

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California: Privacy Notices under the CCPA spotlight

Transparency is one of the most fundamental aspects of the California Consumer Privacy Act (CCPA). The new regulation introduces vital new consumer rights, as well as strict obligations for businesses to disclose their data gathering operations.

Once the CCPA comes into force in January 2020, there will be increased scrutiny of privacy notices - with a particular focus on the details of a business’s data collection and processing practices.

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MARKETING: Gaining and retaining consumer trust in a privacy-centric world?

As the debate about a federal privacy law versus state-level laws reaches fever pitch, and consumers become increasingly concerned about their privacy, we look at the impact of data privacy on marketers, as they look to protect and grow brands, while complying with strict privacy policies.

However, the smart marketing companies are not just exploring preemptive ways of avoiding trouble, they are also looking to create a genuinely pleasing and trusted experience for their target customers.

So, how can compliance and technology help marketers to gain a competitive edge, while building (and retaining) consumer trust?

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GDPR EXPLAINED: The 6 Legal grounds for Processing Personal Data LAWFULLY

For many businesses, compliance with the General Data Protection Regulation (GDPR) has proven to be a bigger challenge than first anticipated, with much of the confusion caused by the complexities of the 99 articles and 173 recitals that make up the 261-page document.

This article, although not definitive, provides some clarity for companies seeking to establish appropriate legal grounds for the processing of personal data.

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Colorado: 40 data breaches since new consumer privacy law …and counting.

Cybersecurity breaches that expose the personal information of consumers have become a common occurrence. And Colorado’s consumer data protection laws are there to provide comfort that should this happen to residents’ own personal data, the affected company must notify them within 30 days.

The state law came into effect in September 2018. But just five months later, in February 2019, 33 organizations had already reported data breaches, with notifications sent to more than 91,000 Colorado residents.

In this post, we take a look at how the Colorado Consumer Data Protection Law is shaping up - and the impact it is having on both consumers and businesses.

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Evolution of the CCPA and how the latest amendments could impact marketers

If you think the California Consumer Privacy Act is in a state of perpetual mutation, you are not alone. The latest round of amendments are now meandering through the California State Assembly, and if passed, will either provide some welcome clarification, …or make the CCPA even more baffling.

Several bills are awaiting a Senate vote, having already made it through the California Assembly Appropriations Committee, while others are still languishing in the line-up for committee approval.

In this post we take a brief look at the 8 primary CCPA amendments currently on the docket:

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U.S. Justice Department targets perpetrators of “worst data breach in history”

How is it, that some data breaches are swiftly exposed, and perpetrators duly punished, while others can take years of investigations, costing American taxpayers millions of dollars, as stretched legal resources are deployed in bringing cyber-criminals to justice?

In 2015, a highly sophisticated group of hackers committed what was considered one of the worst data breaches in history, involving the theft of personal data belonging to almost 80 million people.

Having identified the alleged suspects, a federal grand jury is now looking to bring the perpetrators to justice, as this intriguing account of international cybercrime unfolds

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Federal privacy law: Hearings continue as CCPA and GDPR discussed

Once again, data privacy was hot on the agenda this week, as the Senate Committee on Banking, Housing, and Urban Affairs met on Tuesday for the first of two privacy-related hearings scheduled this week.

As Congress continues to move at a snail’s pace towards the creation of a federal consumer privacy law, critics complain that, yet again, old ground is being covered, judging by the testimonies offered by some senators.

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Ireland’s GDPR regulator assists Congress with federal privacy law

Last week we posted on how Congress is being advised by various industry experts, as lawmakers’ wrestle with the task of codifying a federal consumer privacy law. However, as we reported, there are concerns that some external “advice” could potentially come from industry-funded lobbyists, whose job is to influence in favor of the big tech players.

Whether you support the introduction of a federal privacy law or prefer to see state-level consumer privacy legislation, you might find it comforting to know that at least one advisor to Capitol Hill has no such ulterior motives for providing assistance.

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California: CCPA - Not about employees?

Following our recent post concerning numerous claims that the California Consumer Privacy Act (CCPA) is “vague” and “confusing”, we find there is yet another aspect of the new law, which appears to be in need of some clarification.

Up until recently, many organizations that are preparing for CCPA compliance, have held the belief that personal information about employees is subject to the new privacy regulation.

However, the CCPA may not apply to employers’ HR data at all.

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