SAN FRANCISCO——There are signs Congress will tackle privacy legislation again this year, and technology companies such as Google have a keen interest in shaping the federal privacy law. The result is that while the EU has one basic law covering data protection, privacy controls and breach notification (GDPR), the U.S. has a patchwork of state and federal laws, common law and public and private enforcement that has evolved over the last 100 years and more. What Marketers Need to Know About the California Consumer Privacy Act, Frenemies Video Series – Season 2: Companies Don’t Share IP: The Use and Protection of Content, Frenemies Video Series - Season 1: Marketers and Lawyers Learn to Speak the Same Language, Does Continued Collection of The Same Biometric Information Increase BIPA Violations? While we worked, the world of data privacy did not stand still. Due to current limited access to the Capitol complex, the general public is encouraged to view this hearing via the live stream. She posited that an American privacy law could work in conjunction with the GDPR and other global privacy laws, thus evidencing for other countries that the U.S. is protective of data privacy. She also manages the Richmond Document Review Center, employing cutting-edge software to manage e-discovery reviews cost effectively and efficiently by utilizing her proficiency in analytics, technology assisted review and computer forensics. The bill is pretty straightforward. Whether legislation will contain limitations on changing your privacy policy. In a hearing yesterday, the US Senate Committee on Commerce, Science, and Transportation heard testimonies by privacy experts who voiced their support for a federal level privacy law. We're talking about the fact that if markets are distorted by information, then that really cripples our economy. While we worked, the world of data privacy did not stand still. So I'd like to go further, but there are many issues that we're going to address here. It would require businesses to be more transparent and hold them to account for their data practices. The COVID-19 pandemic has transformed how Canadians live, work, access information and connect with each other, making digital technology more important than ever. She also manages the Richmond Document Review Center, employing cutting-edge…. It provides foundational privacy rights to consumers, creates rules to prevent abuse of consumer data, and holds companies accountable with real enforcement measures. The SAFE DATA Act is the result of nearly two years of discussions with advocacy groups, state and local governments, nonprofits, academics, and businesses of every size and from every sector of the economy – my thanks to all of those. We heard that individuals need to be able to access, control, and delete the data that companies have collected on them. Today, we have a chance to pass a strong national privacy law that achieves the goals of privacy advocates with real consensus among members of both parties and a broad array of industry members. The Seventh Circuit (or Illinois Supreme Court) Has An Opportunity to Clear the Air, Enforcement - Federal Agency and State AG Action, Setting an American Framework to Ensure Data Access, Transparency, and Accountability, Revisiting the Need for Federal Data Privacy Legislation, The COVID-19 Consumer Data Protection Act of 2020, The Data Accountability and Transparency Act of 2020, Provides consumers with more choice and control over their data, Directs business to be more transparent and accountable. We heard that businesses need a consistent set of rules applied reasonably and fairly to allow for continued innovation and growth in the digital economy. She…. Though the issues in that case were more related to national security than consumer privacy, the result was yet more uncertainty about the future of trans-Atlantic data flows. On September 17, 2020, four Republican Senators (Roger Wicker – Mississippi, Chairman, John Thune – South Dakota, Deb Fischer – Nebraska, and Marsha Blackburn – Tennessee) introduced sweeping federal privacy legislation entitled: Setting an American Framework to Ensure Data Access, Transparency, and Accountability (“SAFE DATA”) Act. The act outlines a set of well-recognized privacy rights on which there is fairly broad consensus across partisan lines and within the business community. Cristin serves as Discovery Counsel for the firm, where she oversees a team of discovery lawyers, litigation project managers, and legal assistants who provide experienced discovery assistance and strategic advice to McGuireWoods’ clients. The European Union has continued to enforce the GDPR. The ECJ ruling does not prevent companies transferring data between the EU and the U.S. using other safeguards, such as “standard contractual clauses”. Most strikingly, these bills would actually weaken consumer rights around the country by preempting stronger state laws. I believe the issue of how the government interferes in our own privacy rights, whether the government oversteps our privacy rights, is a major issue to be discussed by this body in the next month. These state-level regulations often have overlapping or incompatible provisions. Just this recent court ruling that put at risk the little known but vital important provision of the FTC Act 13B, which allows the FTC to go to court to obtain refunds and other redress for consumers--the 10 billion dollars for example in the Volkswagen case--without this provision, the core mission of the FTC would be crippled. This was designed by the U.S. Department of Commerce and the European Commission with the aim of supporting transatlantic commerce by providing companies in the EU and the U.S. with a mechanism to comply with data protection requirements when transferring personal data from the EU to the US. We use cookies to enhance your experience of our website. The Brookings Institution compromise. I urge my colleagues on this Committee to take a thorough look at the SAFE DATA Act, consider all that we can accomplish for consumers, and work together to pass this landmark legislation that will create strong and consistent privacy protections for years to come. She holds the CIPP/E certification as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP). For the past year, members of Congress have vowed to pursue federal data privacy legislation. For more information and to learn how you can change your cookie settings, please see our policy. Last year, along with Senators Schatz, Klobuchar, and Markey, I introduced the Consumer Online Privacy Act. The SAFE DATA Act would provide Americans with more choice and control over their data. Unsurprisingly, Xavier Becerra, California Attorney General, advocated for a federal privacy law that does not preempt state laws, such as the CCPA. Richardson said that, thanks to the work of researchers, journalists, and civil liberties advocates, the public better understands how their data moves from company to company. For all of these reasons and more, the need for a uniform, national privacy law is greater than ever. Click here for the Commerce Committee’s COVID-19 oversight efforts. Thank you, Mr. Chairman. ), for example does not specifically regulate what information should be included in website privacy policies, but it does prohibit “deceptive practices”, such as failing to follow a published privacy policy, failing to provide sufficient security for personal data, and engaging in misleading advertising practices. The diversity of voices was essential in crafting a law that would work consistently and fairly for all Americans. So thank you, Mr. Chairman. A new federal privacy law should preempt potentially more stringent state-level laws, or merely establish minimum obligations to which states can add; and Private citizens should have the right to sue companies for violating the new standards, or whether enforcement should be limited to the FTC, supplemented, perhaps, by state Attorneys General. The Privacy Act RSS feed The Privacy Act 1988 (Privacy Act) was introduced to promote and protect the privacy of individuals and to regulate how Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other organisations , handle personal information . The Supreme Court discussion that we're now having, I think will launch us into a very broad discussion of privacy rights and where they exist within the Constitution. Discuss: Federal data privacy bill introduced by 15 US senators Sign in to comment. It is a very complex law with lots of moving parts, but included both data privacy and security sections. This content has been archived. The debate now is not over whether to pass new legislation, but how to design such a law to both protect consumers and encourage continued innovation. The privacy laws of the United States deal with several different legal concepts. However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. Act No. She said that certain bills under consideration lack necessary consumer protections and undermine state data privacy laws. We are keeping an eye on this proposed legislation since it would have vast implications for all industries. Brill’s comments are particularly pertinent at present. Other federal laws that govern the collection of informatio… In particular, there is a pressing need to preempt states from subjecting organizations to multiple, conflicting privacy rules. The Federal Trade Commission Act (15 U.S.C. I believe the famous economist who said that markets need perfect information. Congress must decide whether to model its legislation on the European Union’s new data protection law, the General Data Protection Regulation (GDPR), whic… Pivot! The need to collect a great deal of data for contact tracing and to track the spread of the disease likewise raises privacy concerns if done improperly. We held one of the first hearings of my chairmanship to examine how Congress should address this issue. The FTC has issued guidelines espousing the principle of transparency, recommending that businesses: (i) provide clearer, shorter, and more standardised privacy notices that enable consumers to better comprehend privacy practices; (ii) provide reasonable access to the consumer data they maintain that is proportionate to the sensitivity of the data and the nature of its use; and (iii) expand efforts to educate … It would strengthen the FTC’s ability to be an effective enforcer of new data privacy rules. Up until July this year, one of the safeguards available to businesses needing to transfer personal data from the EU to the U.S. was the EU-U.S. Privacy Shield Framework. Top Tips for Companies Looking Ahead to the Recently-Passed CPRA, Frenemies Video Series – Season 3: Pivot! This hearing will examine the current state of consumer data privacy and legislative efforts to provide baseline data protections for all Americans. The increased use of video conferencing, food delivery apps, and other online services increases the potential for privacy violations. So Now What? It’s time for Congress to pass legislation providing comprehensive privacy protections that can’t be signed away. I want to thank Chairman Thune, Senator Blackburn, and Senator Fischer for joining me on this important legislation. I don't believe in some of the tactics that government has used to basically invade the privacy rights of individuals. As discussions around a comprehensive federal privacy bill continue, lawmakers have introduced a number of smaller, piecemeal bills that address consumer data privacy in varying ways. The American people deserve strong privacy protections for their personal data, and Congress must work to act in establishing these protections. The European Commission and the U.S. Department of Justice have released a statement saying that they are working to find a solution to the Privacy Shield problem, but it is difficult to see how any permanent resolution can be found without a significant shift in the U.S. data privacy landscape. Consent:The bill requires individual consent for data processing, including express affirmative consent for processing sensitive data, which is very broadly defined but excludes “publicly-available information.” Much like the California Consumer Privacy Act, COPRA provides individuals the right to opt out of the transfer of their covered data for “val… So obviously, I believe these loopholes are unacceptable. The Committee Chair, Roger Wicker (Republican) last week introduced a new bill, the Safe Data Act. Introduced or circulated publicly in late November, the Consumer Online Privacy Rights Act and Consumer Data Privacy Act provide some of the best indication to date of the consensus on federal privacy legislation that has emerged between Democrats and Republicans on the Senate Committee on Commerce, Science, and Transportation. This creates significant difficulties for thousands of U.S. and European companies, and makes U.S. businesses less competitive in the global marketplace. At McGuireWoods, we deliver quality work, personalized service and exceptional value. The CDPSA joins several other proposed pieces of federal legislation in vying to create an overarching, federal data-privacy framework. To fill these gaps in federal privacy bills as the House and Senate and a new presidential administration prepare for the 117th Congress, we released a new Brookings report to propose a set of legislative findings for federal privacy legislation as a template for the coming debate. Unfortunately, other legislation throughout the legislative process, I think has taken different approaches. § 2 (2018). § 41 et seq. Alice is also part of the firm’s data privacy and security department. These bills allow companies to maintain the status quo, burying important disclosure information in long contracts, hiding where consumer data is sold, and changing the use of consumer data without their consent. Pivot! These include: 1. Other national privacy acts have been introduced over the past six months, such as The COVID-19 Consumer Data Protection Act of 2020, The Public Health Emergency Privacy Act, and The Data Accountability and Transparency Act of 2020, showing an increased interest in comprehensive regulation of consumers’ personal data. While federal legislation has lagged behind, technology and privacy concerns have advanced, with state lawmakers playing catch-up. And it would establish a nationwide standard so that businesses know how to comply no matter where their customers live, and so that consumers know their data is safe wherever the company that holds their data is located. In an open letter to Congress, 51 top CEOs in the United States requested swift passage of new federal privacy legislation. Be respectful, keep it civil and stay on topic. Cristin serves as Discovery Counsel for the firm, where she oversees a team of discovery lawyers, litigation project managers, and legal assistants who provide experienced discovery assistance and strategic advice to McGuireWoods’ clients. Instead, most regulation is at the state level, so state attorneys general play a key role in enforcement. Alice is an associate in the firm’s Business and Securities Litigation Department. Data privacy legislation has huge support outside of Capitol Hill, too—from the public. covers how the federal government handles personal information; 2. the Personal Information Protection and Electronic Documents Act (PIPEDA Protecting Americans’ privacy rights is critical, and that has become even sharper in the focus of the COVID-19 crisis, where so much of our lives have moved online. In the nearly two years since, members of this Committee have done a great deal of work developing legislation to address data privacy. Jon Leibowitz, Former Commissioner and Chair of the FTC, and Maureen Ohlhausen, Former Acting Chair of the FTC, both backed the federal privacy law, advocating that the legislation be “technology- and industry-neutral,” and that it should be even more comprehensive than the California Consumer Privacy Act (“CCPA”). One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into their private affairs, discloses their private information, publicizes them in a false light, or appropriates their name for personal gain. I want to say that the legislation also needs to cover the complex issues of, you know, health and safety standards and important issues. Leibowitz and Ohlhasuen prefer to exclude private rights of action, and instead provide both the FTC and the state AGs with enforcement power of the national privacy law. But we can't do so at the expense of states who have already taken action to protect the privacy of their citizens. She works on a diverse range of disputes, mostly in the High Court and the Court of Appeal. The GDPR contains stringent restrictions with regard to transferring personal data outside the European Union – such transfers are prohibited unless certain “safeguards” are implemented. You’re CCPA Compliant. Well I think local journalism in a COVID crisis is proving that it's valued information with the correct information on our local communities, and I think that this is something we need to take into consideration as we consider privacy laws and we consider these issues moving forward. On July 16, 2020, however, the European Court of Justice (ECJ) invalidated the Privacy Shield Framework, citing concerns about “limitations on the protection of personal data arising from the domestic law of the United States on the access and use by US public authorities” in respect of personal data transferred from the European Union to the United States, on the basis that these limitations mean that personal data transferred to the US from the EU does not have the requisite protection required under EU law. The picture in Europe is even more complex following the recent court ruling invalidating the EU-U.S. Privacy Shield framework, which governed how U.S. companies treated the data of EU citizens. In her opening statement, Cantwell stated that protecting privacy rights is critical and that the COVID-19 pandemic has intensified the need for federal data privacy legislation. Kovacic statement 21 Septemer 2020 PM.pdf, Ohlhausen Senate Revisiting Data Legislation Hearing final.pdf, https://www.commerce.senate.gov/2020/9/revisiting-the-need-for-federal-data-privacy-legislation, The Honorable Julie Brill, Former Commissioner, Federal Trade Commission, The Honorable William Kovacic, Former Chairman and Commissioner, Federal Trade Commission, The Honorable Jon Leibowitz, Former Chairman and Commissioner, Federal Trade Commission, The Honorable Maureen Ohlhausen, Former Commissioner and Acting Chairman, Federal Trade Commission. So I think all of these issues, and the important issues of privacy rights, should and will have a fair discussion, if we can have time to discuss them in this process. She advises multinational clients on a wide range of data privacy issues including GDPR compliance, E-Privacy laws, international data transfers, data privacy audits and data subject rights. Consumer Data Protection Act, SIL18B29, 115th Cong. The principle of consent. Witness testimony, opening statements, and a live video of the hearing will be available on www.commerce.senate.gov. At that time, we heard that individuals needed rigorous privacy protections to ensure that businesses do not misuse their data. In the letter addressed to House and Senate leaders, CEOs from companies such as Amazon, IBM, Dell and JP Morgan Chase signed off on the idea of a “comprehensive consumer data privacy law” that would essentially replace the growing number of state data privacy … With 1,100 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation. This hearing will take place in the Russell Senate Office Building 253. U.S. Sen. Roger Wicker, R-Miss., chairman of the Committee on Commerce, Science, and Transportation, will convene a hearing titled, “Revisiting the Need for Federal Data Privacy Legislation,” at 10:00 a.m. on Wednesday, September 23, 2020. General Data Protection Regulation, as well as how the COVID-19 pandemic has affected data privacy. While a few state laws exist that protect consumer privacy here in the US, overarching federal legislation, such as the Global Data Privacy Regulation (GDPR) in Europe, has not yet penetrated the market. Julie Brill, Former Commissioner of the FTC and Microsoft’s Corporate Vice President, Chief Privacy Officer, and Deputy General Counsel for Global Privacy and Regulatory Affairs, submitted written testimony in favor of the SAFE DATA Act as being critical to providing a national framework for U.S. businesses to allow them to better compete in the global market. Alice is also part of the firm’s data privacy and security department. Every state now has its own breach notification law. However, these alternatives may be more cumbersome and less practical – and there is in any case a question mark over whether they can protect data adequately in countries such as the U.S. that do not have statutory privacy protections as robust as those in the EU. According to Senator Wicker, the SAFE DATA Act “would establish a nationwide standard so that businesses know how to comply no matter where their customers live, and so that consumers know their data is safe wherever the company that holds their data is located.”. The data protection part … This proposed comprehensive national privacy law has three main components: Just last week, on September 23, 2020, a hearing titled “Revisiting the Need for Federal Data Privacy Legislation,” was held to analyze the current state of consumer data privacy laws and various legislative efforts to address data protections. Since the implementation of the European Union's General Data Protection Regulation (GDPR) and the recent passage of the California Consumer Privacy Act (CCPA), According to Brill, a comprehensive law would also address consent and collection issues related to COVID-19 health data, while at the same time promoting racial equality and prohibiting data discrimination. The biggest new development that has impacted data privacy – as it has impacted so many facets of our life – is the COVID-19 pandemic, which has resulted in millions of Americans working from home. By continuing to use this website, you agree to the use of these cookies. The state of California implemented its California Consumer Privacy Act (CCPA) and began enforcement this past summer. Long-held concerns remain that the CCPA is difficult to understand and comply with and could become worse if the law is further expanded and amended through an upcoming ballot measure this fall. And we heard that the Federal Trade Commission needs enhanced authority and resources in order to oversee and enforce privacy protections. And we heard that the Federal Trade Commission needs enhanced authority and resources in order to oversee and enforce privacy protections. Attorney General Becerra is with us today and I appreciate him being able to join us, because this would have an impact on a broad preemption, I should say, would have an impact on 40 million Californians who are protected by your privacy law and the privacy protections in your state. Congress is rightly considering substantial reforms to federal data privacy law. Examples of data use that don’t require consent. Communications, Technology, Innovation and the Internet, Manufacturing, Trade, and Consumer Protection, Revisiting the Need for Federal Data Privacy Legislation, 2020-09-23_Julie Brill Testimony_Senate Commerce Committee.pdf, Senate Commerce Committee Privacy Hearing 23 September 2020. 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