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National Privacy Legislation Slow in Coming

  • 1.  National Privacy Legislation Slow in Coming

    Posted 09-02-2021 01:43 PM
    The title for this article, U.S. Senators Reintroduce Privacy Legislation | Consumer Financial Services Law Monitor, is misleading.  While it is accurate to say that data privacy legislation has been "reintroduced," it's going nowhere fast.

    Nonetheless, this is a useful read for some historical perspectives, along with some useful references and definitions.  However, once you read it all the way through, the punchline, copied below, is that we're not likely to see much on a national level - at least not soon - but that we will need to prepare for various state regulations:

    "As of late August, neither bill had advanced beyond committee assignment. In June, the chair of the Senate Commerce Subcommittee on Communications, Sen. Richard Blumenthal (D-CT), indicated there may be hearings on privacy this summer; however, as of late August no such hearings have taken place. Up to this point in the legislative session, cybersecurity and infrastructure seem to have taken priority over privacy. This focus can be attributed in part to the Colonial Pipeline ransomware attack.

    "Given this lack of federal movement, the prospect of a fragmented state-driven privacy regulatory landscape in the U.S. seems more likely than ever. Businesses should focus on ensuring that they are prepared for 2023, when the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (CDPA), and the Colorado Privacy Act (CPA) all come into effect. During this current period of uncertainty businesses should also focus on the concepts that are consistent across most of the federal and state privacy bills/laws (e.g., data minimization, data subject rights, consent for sensitive data, etc.). Focusing on these general concepts and remaining flexible will allow for businesses to more quickly adapt and comply with future privacy regimes."


    John H. Taylor
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