Tag Archives: Legislation

Wyden Releases Draft Privacy Bill Increasing FTC Authority, Providing for Civil Fines and Criminal Penalties

Senator Ron Wyden last week released a discussion draft of a federal privacy bill that would amend Section 5 of the Federal Trade Commission Act to expand the FTC’s authority, create significant civil fines, and enforce certain provisions through criminal penalties. The draft Consumer Data Protection Act is among a growing number of proposals for … Continue Reading

Australia Proposes New Encryption Legislation

In August 2018, the Government of Australia unveiled a new proposed bill that would grant the county’s national security and law enforcement agencies additional powers when confronting encrypted communications and devices. The text of the draft Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (the “Assistance and Access Bill” or the “Bill”) states … Continue Reading

California Legislature Passes Amendments to Expansive Consumer Privacy Law

Less than three months ago, California enacted the California Consumer Privacy Act of 2018 (“CCPA”). Industry and privacy watch groups alike have scrutinized the law. This summer saw fierce negotiations all in the name of improving the CCPA. Last Friday, on August 31, 2018, the California legislature passed SB 1121 to amend the CCPA. The … Continue Reading

California Adopts Expansive Consumer Privacy Law

On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (“CCPA”), which is aimed at strengthening consumer privacy rights and data security protections.  The CCPA takes effect on January 1, 2020 and is considered the most stringent privacy law in the country. The CCPA applies to for-profit entities that conduct business in … Continue Reading

Senators Klobuchar and Kennedy Introduce Privacy Legislation

On April 24, 2018, Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) introduced the Social Media Privacy and Consumer Rights Act of 2018.  The bill aims to protect consumers’ online data by increasing the transparency of data collection and tracking practices, and requiring companies to notify consumers of a privacy violation within 72 hours. “Our … Continue Reading

Senate Democrats Propose CONSENT Act

By Alyson Sandler On April 10, Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) introduced new privacy legislation titled the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act.  In a statement published on his website, Senator Markey referred to the legislation as a “privacy bill of rights” and explained that “[t]he avalanche of … Continue Reading

South Dakota Breach Notification Law Breaks New Ground

[This article was originally published in Law360] Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which … Continue Reading

House Passes Cyber Vulnerability Disclosure Reporting Act

On January 9, the House of Representatives passed the Cyber Vulnerability Disclosure Reporting Act by voice vote.  The Act directs the Secretary of the U.S. Department of Homeland Security (“DHS”) to prepare a report describing the policies and procedures that DHS developed to coordinate the cyber vulnerability disclosures.  Under the Homeland Security Act of 2002 … Continue Reading

Delaware Amends Data Breach Notification Law to Require Credit Monitoring, Attorney General Notification

Delaware Gov. John Carney has signed into law a bill that will impose more stringent obligations for notifying affected Delaware residents in the event of a data breach, in addition to establishing requirements for Delaware businesses to maintain “reasonable” data security practices.  In addition to expanding the types of information that would require notification of … Continue Reading

European Cloud in Health Advisory Council Calls For Review of eHealth Rules and Ethics of Medical Data Re-Use

In a new post on the Covington Digital Health blog, our colleagues discuss a new European Cloud in Health Advisory Council whitepaper calling for a review of European healthcare data protection rules holding back greater adoption of cloud computing and AI; and for more discussion about the ethics and governance of re-use of patient data for research and planning.  To read … Continue Reading

New Republican Privacy Bill Would Expand Scope of “Sensitive” Data

Representative Marsha Blackburn (R-TN) has introduced a bill, the “Balancing the Rights of Web Surfers Equally and Responsibly Act of 2017” (“BROWSER Act,” H.R. 2520) that would  create new online privacy requirements.  The BROWSER Act would require both ISPs and edge providers (essentially any service provided over the Internet) to provide users with notice of … Continue Reading

New Mexico Becomes 48th State with Data Breach Notification Law; Tennessee Restores Exemption for Encrypted Data

Last week, New Mexico and Tennessee both passed legislation updating each state’s requirements for notifying residents following a data breach.  New Mexico’s new law, H.B. 15, makes it the 48th U.S. state to enact a state data breach notification law, leaving Alabama and South Dakota as the only states that have not enacted similar laws.  … Continue Reading

China Seeks Public Comments on Draft Regulation on Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here).  The comment period ends on May 11, 2017. The issuance of the long-anticipated Draft Measures … Continue Reading

Legislation Introduced in House and Senate to Establish Drone Privacy Rules

By Stephen Kiehl Continuing their focus on drone privacy issues, Senator Edward J. Markey (D-Mass.) and Rep. Peter Welch (D-Vt.) introduced legislation in the House and Senate this month that would require drone operators to create policies covering data collection and retention and require warrants for law enforcement agencies to conduct surveillance by drone. The … Continue Reading

Senators Reintroduce Cybersecurity Legislation for Cars and Planes

Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) reintroduced a pair of bills today relating to the cybersecurity of cars and aircraft, which would impose affirmative security, disclosure, and consent requirements on manufacturers and air carriers.  The Security and Privacy in Your Car (“SPY Car”) Act and Cybersecurity Standards for Aircraft to Improve Resilience (“Cyber … Continue Reading

House Democrats Propose Three Bills that Would Bolster FCC Influence over Cybersecurity

On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep. Jerry McNerney (D-CA)), would expand the FCC’s certification authority … Continue Reading

Federal Government Releases Final Guidance on CISA

Yesterday, the Department of Homeland Security (“DHS”) and Department of Justice released final guidance as required by Title I of the Cybersecurity Act of 2015 (“CISA”), which was enacted into law this past December.  The guidance was prepared in consultation with several additional federal agencies, and includes four separate documents.  We summarize each of the … Continue Reading

Tennessee Amends Breach Notification Law to Cover Breaches of Encrypted Information

Last week, Tennessee Governor Bill Haslam (R) signed S.B. 2005 into law, amending Tennessee’s breach notification law to broaden the scope of information covered and require quicker notifications of the state’s residents.  Most notably, when the amendments enter into force on July 1, 2016, Tennessee will become the only U.S. state that could require notification … Continue Reading

Germany Extends Right of Qualified Consumer Associations to Challenge Privacy Violations

Today, a German law to strengthen the private enforcement of certain data protection provisions that aim to protect consumers (the Law) entered in to force, following its publication in the Official Journal yesterday. We previously reported on the draft law here. The Law empowers certain qualified associations to seek injunctive relief against companies or self-employed … Continue Reading

“Right to Yelp” Bill Passes Maryland State House; Federal Bill Passed Senate in December

By Hannah Lepow Maryland is poised to become the second state in the country to ban businesses from contractually prohibiting customers from posting bad reviews online.  The Nondisparagement Clauses in Consumer Contracts bill passed the state House on February 19 by an overwhelming majority and now goes on to the state Senate. Maryland’s law substantially … Continue Reading

Senators Introduce Bill Requiring Cybersecurity Expertise Reports to SEC

On December 17, 2015, Senators Reed (D-RI) and Collins (R-ME) introduced the Cybersecurity Disclosure Act of 2015 (S. 2410), which has been referred to the Committee on Banking, Housing, and Urban Affairs.  According to the press release accompanying the bill, it “seeks to strengthen and prioritize cybersecurity at publicly traded companies by encouraging the disclosure … Continue Reading

Scope of Preemption in Proposed Data Security Legislation is Uncertain

According to a recent analysis by the Congressional Research Service (“CRS”), the extent of state law preemption in recent federal legislative proposals relating to data security is unclear.  Several bills introduced in the 114th Congress would impose federal data security or breach notification requirements on covered entities, similar to existing requirements in nearly every state. … Continue Reading

Congress Passes the Cybersecurity Act of 2015

The Cybersecurity Act of 2015 (the “Act”) was passed by Congress today as part of the 2016 omnibus spending package.  The Act is very similar to the Cybersecurity Information Sharing Act (“CISA,” S. 754), which passed the Senate on October 27 and was the subject of our previous analysis, although there are some important differences … Continue Reading

Senators Introduce Online Terrorist Activity Reporting Bill

Senators Feinstein (D-CA) and Burr (R-NC) introduced legislation today that would impose reporting duties on entities that “obtain[] actual knowledge of any terrorist activity.”  The bill applies to entities “engaged in providing an electronic communication service or a remote computing service to the public,” which includes social media companies.  Those entities are required to report … Continue Reading
LexBlog