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It’s a hot spring for state privacy legislation. Privacy bills are pending in roughly 20 states, and while Gramm-Leach-Bliley Act (GLBA) exemptions may act as a cool breeze in some, issues remain:
Some states’ legislation has no GLBA exemption.
Some states’ legislation only contains a data-level exemption, meaning non-GLBA data would be subject to the states’ privacy requirements.
Even those states’ legislation that contains such an entity-level exemption will not insulate insurers from contractual obligations imposed by third parties who are subject to the legislation.
Virginia is the first state to follow California’s lead in adopting comprehensive privacy legislation, but its Consumer Data Protection Act has an entity-level GLBA exemption preventing any direct application to insurers. California, at work again, amended its Consumer Privacy Act (CCPA) by adopting the California Privacy Rights Act (CPRA),
Data Brokers and National Security
Sen. Ron Wyden speaks a town hall in 2017. (Joe Frasier, https://flickr.com/photos/146781514@N05/33115710686; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/deed.en)
In the worlds of data protection and privacy, too often there is a decoupling of national security issues and what might be termed non-national security issues despite the clear interplay between the two realms. Over the past decade, U.S. adversaries have vacuumed up the personal data of many Americans with one nation possibly being at the fore: the People’s Republic of China (PRC). The PRC was connected to the Office of Personnel Management and Equifax hacks, both of which provided massive troves of data the PRC has reportedly used to foil U.S. espionage and intelligence collection efforts abroad. What’s more, the collection of personal data did not stop with these hacks. In September 2020, an Australian security firm turned up evidence of an enormous trove of personal da
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Throughout the month of March, states continued to introduce new
privacy laws of their own as Congress focused on enacting President
Biden s $1.9 trillion COVID-19 relief plan H.R. 1319, the American Rescue Plan Act of
2021 which President Biden signed into law on March 11.
The last month notably featured several key developments in
California, as the state announced the establishment of the
five-member inaugural board for the California Privacy Protection
Agency (CPPA), a new administrative agency created by the
California Privacy Rights Act (CPRA) and charged with implementing
Improving consumer privacy presents compliance challenges Craig Guillot
April 22, 2021
For nearly the past two decades, retailers have invested in new information technology systems and data initiatives to use information to improve the customer experience. While customer data has proven valuable for both consumers and retailers, legislators in many states now believe businesses must do more to protect that information and ensure privacy rights.
A wave of new state laws could help improve consumer data privacy and security, but they also present new compliance challenges for retailers.
A new dawn for data regulations
The General Data Protection Regulation went into effect in 2018 in the European Union and instituted new requirements for how retailers selling in Europe must handle data. Following its cue, many U.S. states began eyeing new privacy regulations.