Federal Privacy Laws Are Currently in the Making
In November 2019, we published a blog post titled More Data Oversight on the Horizon that discussed increasing Congressional oversight over data privacy, while highlighting the importance of the Online Privacy Act of 2019.
In preparation for 2020, Lanton Law is forecasting that it is more likely than not that some form of federal privacy legislation will become law in 2020. One proposed legislative candidate for privacy in 2020 is the Consumer Online Privacy Rights Act (COPRA). This bill is sponsored by Senator Cantwell (D-WA).
According to Senator Cantwell’s press release, the Act otherwise known as S.2968 “establishes privacy rights, outlaws harmful and deceptive practices, and improves data security safeguards for consumers shopping or conducting business online.” The release discusses specifics stating that (COPRA) “gives Americans control over their personal data; prohibits companies from using consumers’ data to harm or deceive them; establishes strict standards for the collection, use, sharing, and protection of consumer data; protects civil rights; and penalizes companies that fail to meet data protection standards. The legislation also codifies the rights of individuals to pursue claims against entities that violate their data privacy rights.”
The question is whether this legislation will be able to pass in a hotly contested election year. At this point it is unknown. This bill thus far has no Republican co-sponsors so it has yet to gain bi-partisan traction. However; with the new and increasing scrutiny surrounding tech companies and their treatment of consumer data, we anticipate that the political winds may shift against technology companies. It’s better to be aware of trends instead of being caught off guard by them.
Lanton Law helps tech and fintech stakeholders navigate both the regulatory and legislative landscape on a state and federal level. If you have questions about compliance, new potential business strategies or what the policy landscape will look like for your business, contact us to learn about your options.