Comprehensive national data privacy and data security draft legislation framework released
The U.S. House Committee on Energy and Commerce has introduced a bi-partisan discussion framework on privacy.
According to the U.S. House Committee on Energy and Commerce:
“U.S. Representatives Frank Pallone, Jr., D-N.J. and Cathy McMorris Rodgers, R-Wash., Chairman and Ranking Member of the House Committee on Energy and Commerce, and U.S. Senator Roger Wicker, R-Miss., Ranking Member of the Senate Committee on Commerce, Science, and Transportation, today released a discussion draft of a comprehensive national data privacy and data security framework. The draft legislation is the first comprehensive privacy proposal to gain bipartisan, bicameral support.”
What does the American Data Privacy and Protection Act do?
Establish a strong national framework to protect consumer data privacy and security;
Grant broad protections for Americans against the discriminatory use of their data;
Require covered entities to minimize on the front end, individuals’ data they need to collect, process, and transfer so that the use of consumer data is limited to what is reasonably necessary, proportionate, and limited for specific products and services;
Require covered entities to comply with loyalty duties with respect to specific practices while ensuring consumers don’t have to pay for privacy;
Require covered entities to allow consumers to turn off targeted advertisements;
Provide enhanced data protections for children and minors, including what they might agree to with or without parental approval;
Establish regulatory parity across the internet ecosystem; and
Promote innovation and preserve the opportunity for start-ups and small businesses to grow and compete.
The discussion draft can be found here.
Lanton Law is a national healthcare & technology law and government affairs firm. Our technology practice has been monitoring privacy developments nationwide. If you are a commerce, technology or healthcare/life science stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.
New Congressional Privacy Legislation Proposes Mandated Warrants to Search Americans’ Digital Devices at the Border
Senators Ron Wyden (D-OR) and Rand Paul (R-KY) have introduced the Protecting Data at the Border Act .
Senators Ron Wyden (D-OR) and Rand Paul (R-KY) have introduced the Protecting Data at the Border Act .
According to the press release “The bipartisan bill prevents law enforcement agencies from continuing to take advantage of the so-called border search “exception” in order to conduct warrantless searches of Americans’ phones and laptops.”
“The Protecting Data at the Border Act would provide statutory clarity by recognizing that the principles from Riley v. California extend to searches of digital devices at the border. In addition, this bill requires that U.S. persons know their rights before they consent to giving up online account information (like social media account names or passwords) or before they consent to give law enforcement access to their devices.”
The bill summary can be found here.
Lanton Law is a national boutique regulatory law and lobbying firm that focuses on technology and healthcare/life science. Our privacy practice monitors relevant policy and regulatory decision makers and we counsel clients on emerging trends within this rapidly developing field.
If you are an industry stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.
New Executive Order on Cybersecurity Released in Response to Ransomware Attack
In the wake of the Colonial Pipeline attack, President Biden has signed the Executive Order on Improving the Nation's Cybersecurity.
In the wake of the Colonial Pipeline attack, President Biden has signed the Executive Order on Improving the Nation's Cybersecurity. The EO has a number of provisions including:
Establishes a “Cybersecurity Safety Review Board” comprising public- and private-sector officials, which can convene after cyber attacks to analyze the situation and make recommendations.
Requires IT service providers to tell the government about cybersecurity breaches that could impact U.S. networks, and removes certain contractual barriers that might stop providers from flagging breaches.
Plans for enhancing software supply chain security
This comes amid an increase in cyber attacks on private healthcare and technology companies as well as the federal government.
Ransomware attacks are becoming a bigger threat and being prepared from a compliance and risk management standpoint is becoming more crucial. Having appropriate cyber policies in place is one step. We have other solutions.
Lanton Law is a national boutique law and lobbying firm that focuses on technology and healthcare. If you are an industry stakeholder with questions about the current landscape or if you would like to discuss how your organization’s strategic initiatives might be impacted by either Congress, regulatory agencies or legal decisions, contact us today.
Illinois Biometric Information Privacy Act (BIPA) Lawsuit Causes Facebook to Pay Settlement
On February 26, 2021 in the United States District Court Northern District of California, the Court found that Facebook was ordered to pay $650 million. This issue derived from the underlying lawsuit alleging whether the collection of an individual's biometric data in violation of the Illinois Biometric Information Privacy Act is sufficient to establish Article III standing. As a result of this dispute, the company’s automatic facial recognition tagging features are now an opt-in feature instead of being an opt-out choice.
On February 26, 2021 in the United States District Court Northern District of California, the Court found that Facebook was ordered to pay $650 million. This issue derived from the underlying lawsuit alleging whether the collection of an individual's biometric data in violation of the Illinois Biometric Information Privacy Act is sufficient to establish Article III standing. As a result of this dispute, the company’s automatic facial recognition tagging features are now an opt-in feature instead of being an opt-out choice.
The Illinois Biometric Information Privacy Act enacted in 2008 was an important first step in developing policy on biometrics. According to the law, a private entity possessing biometric information accessible to the public must have a retention schedule and policy for permanently destroying biometric information. Additionally, there are restrictions on how a private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information. Most importantly, this law requires obtaining written consent prior to collecting biometric information as the law provides a private right of action for anyone injured under the Act.
Lanton Law’s technology practice which includes biometrics and privacy issues, has been monitoring the Illinois Biometric Information Privacy Act for some time. We have posted several blogs addressing this issue as companies continue to evolve biometrics into the business models. As 2021 unfolds we confidently believe that legislative and regulatory oversight will increase leading to more litigation that fine tunes points left unanswered about this emerging field.
We at Lanton Law can help. Our legal and policy tools can help offer your organization a clear path forward to navigate what will be changing policies for technology stakeholders. Contact us today to discuss your options.