General Data Protection Regulation, as well as how the COVID-19 pandemic has affected data privacy. You’re CCPA Compliant. It provides foundational privacy rights to consumers, creates rules to prevent abuse of consumer data, and holds companies accountable with real enforcement measures. The ECJ ruling does not prevent companies transferring data between the EU and the U.S. using other safeguards, such as “standard contractual clauses”. 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. By continuing to use this website, you agree to the use of these cookies. I want to say that the legislation also needs to cover the complex issues of, you know, health and safety standards and important issues. Unfortunately, other legislation throughout the legislative process, I think has taken different approaches. And we heard that the Federal Trade Commission needs enhanced authority and resources in order to oversee and enforce privacy protections. 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. This creates significant difficulties for thousands of U.S. and European companies, and makes U.S. businesses less competitive in the global marketplace. 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. She holds the CIPP/E certification as a Certified Information Privacy Professional from the International Association of Privacy Professionals (IAPP). 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. I don't believe in some of the tactics that government has used to basically invade the privacy rights of individuals. 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. Due to current limited access to the Capitol complex, the general public is encouraged to view this hearing via the live stream. 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. For more information and to learn how you can change your cookie settings, please see our policy. She said that certain bills under consideration lack necessary consumer protections and undermine state data privacy laws. CDT has put forth a legislative discussion … 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. We use cookies to enhance your experience of our website. She works on a diverse range of disputes, mostly in the High Court and the Court of Appeal. 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… In the nearly two years since, members of this Committee have done a great deal of work developing legislation to address data privacy. 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. Congress is rightly considering substantial reforms to federal data privacy law. 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. Instead, most regulation is at the state level, so state attorneys general play a key role in enforcement. Last week I introduced the SAFE DATA Act. I want to thank Chairman Thune, Senator Blackburn, and Senator Fischer for joining me on this important legislation. 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. And we heard that the Federal Trade Commission needs enhanced authority and resources in order to oversee and enforce privacy protections. This hearing will examine the current state of consumer data privacy and legislative efforts to provide baseline data protections for all Americans. 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. 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. In the United States, at the federal level, the power to enforce data protection regulations and protect data privacy belongs to the U.S. Federal Trade Commission (FTC), which has a broad level of authority. As of today, there is no one digital privacy law to rule them all. It’s time for Congress to pass legislation providing comprehensive privacy protections that can’t be signed away. 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. Last year, along with Senators Schatz, Klobuchar, and Markey, I introduced the Consumer Online Privacy Act. Brill’s comments are particularly pertinent at present. For the past year, members of Congress have vowed to pursue federal data privacy legislation. Pivot! 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. Finally, we also know that individuals must have the right to their day in court, when privacy is violated, even with the resources and expertise and enforcers like the FTC--many of you, I know, know these rules well, and Attorneys General--we will never be able to fully police the thousands and thousands of companies collecting consumer data if you are the only cop on the beat. The increased use of video conferencing, food delivery apps, and other online services increases the potential for privacy violations. While we worked, the world of data privacy did not stand still. 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. 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”). Key committees and lawmakers involved in federal data privacy legislation. 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 … 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. Wednesday, September 23, 202010:00 a.m.Full Committee Hearing. She works on a diverse range of disputes, mostly in the High Court and the Court of Appeal. 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. So thank you, Mr. Chairman. She…. For all of these reasons and more, the need for a uniform, national privacy law is greater than ever. So Now What? The CDPSA joins several other proposed pieces of federal legislation in vying to create an overarching, federal data-privacy framework. Discuss: Federal data privacy bill introduced by 15 US senators Sign in to comment. 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. 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. Alice is also part of the firm’s data privacy and security department. 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. Most strikingly, these bills would actually weaken consumer rights around the country by preempting stronger state laws. We're talking about the fact that if markets are distorted by information, then that really cripples our economy. At McGuireWoods, we deliver quality work, personalized service and exceptional value. Congress must decide whether to model its legislation on the European Union’s new data protection law, the General Data Protection Regulation (GDPR), whic… 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. In particular, there is a pressing need to preempt states from subjecting organizations to multiple, conflicting privacy rules. 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. While federal legislation has lagged behind, technology and privacy concerns have advanced, with state lawmakers playing catch-up. In the nearly two years since, members of this Committee have done a great deal of work developing legislation to address data privacy. Thank you to the witnesses for being here today and thank you for continuing to work on this important issue. Rather than create a new federal agency, as the Democratic House bill proposes, Cantwell's legislation would create a new bureau within the FTC to handle digital privacy enforcement. Other federal laws that govern the collection of informatio… 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. At that time, we heard that individuals needed rigorous privacy protections to ensure that businesses do not misuse their data. The Federal Trade Commission Act (15 U.S.C. The hearing will also examine lessons learned from the implementation of state privacy laws in the U.S. and the E.U. The American people deserve strong privacy protections for their personal data, and Congress must work to act in establishing these protections. 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. 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. And Mr. Chairman, next week the minority will be introducing a report that we've been working on about the value of local journalism. I look forward to holding a hearing before the end of the year on the now-invalidated Privacy Shield. 119 of 1988 as amended, taking into account amendments up to Interactive Gambling Amendment (National Self-exclusion Register) Act 2019 An Act to make provision to protect the privacy of individuals, and for related purposes Administered by: Attorney-General's While congressional staff have diligently worked on drafting legislation, they have repeatedly missed their deadlines to produce a bipartisan bill. 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. The data protection part … In order to maintain physical distancing as advised by the Office of the Attending Physician, seating for credentialed press will be limited throughout the course of the hearing. 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. And I now turn to my dear friend and Ranking Member for her opening remarks. Consumer Data Protection Act, SIL18B29, 115th Cong. It is a very complex law with lots of moving parts, but included both data privacy and security sections. But we can't do so at the expense of states who have already taken action to protect the privacy of their citizens. In an open letter to Congress, 51 top CEOs in the United States requested swift passage of new federal privacy legislation. It would require businesses to be more transparent and hold them to account for their data practices. This content has been archived. covers how the federal government handles personal information; 2. the Personal Information Protection and Electronic Documents Act (PIPEDA 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. U.S. Senate Committee on Commerce, Science, & Transportation, Mr. Xavier Becerra, Attorney General, State of California. The EU’s main focus appears to be going after the biggest American companies rather than providing clear guidance for all businesses with European citizens as customers. Top Tips for Companies Looking Ahead to the Recently-Passed CPRA, Frenemies Video Series – Season 3: Pivot! Be respectful, keep it civil and stay on topic. 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. 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. These state-level regulations often have overlapping or incompatible provisions. 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. We heard that individuals need to be able to access, control, and delete the data that companies have collected on them. The bill is pretty straightforward. Whether legislation will contain limitations on changing your privacy policy. More than 5,000 businesses in the U.S. were accredited under the Framework (in many cases, at some considerable expense). I believe the famous economist who said that markets need perfect information. 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. 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. The Brookings Institution compromise. The federal data privacy legislation landscape. Examples of data use that don’t require consent. This hearing will take place in the Russell Senate Office Building 253. The diversity of voices was essential in crafting a law that would work consistently and fairly for all Americans. Every state now has its own breach notification law. The principle of consent. To me this is incredibly important. The SAFE DATA Act would provide Americans with more choice and control over 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 … Alice is also part of the firm’s data privacy and security department. Thank you, Mr. Chairman. 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. 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. Alice is an associate in the firm’s Business and Securities Litigation Department. These include: 1. 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.”. It would strengthen the FTC’s ability to be an effective enforcer of new data privacy rules. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. 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. The COVID-19 pandemic has transformed how Canadians live, work, access information and connect with each other, making digital technology more important than ever. Unsurprisingly, Xavier Becerra, California Attorney General, advocated for a federal privacy law that does not preempt state laws, such as the CCPA. 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. Data privacy legislation has huge support outside of Capitol Hill, too—from the public. Act No. We are keeping an eye on this proposed legislation since it would have vast implications for all industries. 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. So we need to resolve this issue. 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. The Committee Chair, Roger Wicker (Republican) last week introduced a new bill, the Safe Data Act. However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. 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