Nationwide privateness laws positive factors steam as state-level legal guidelines progress | Adstra | Open Mic
Each month, Adstra’s data protection officer, Jason Bier, compiles a summary of the latest developments in data protection regulations in the US and abroad.
For this latest article, Jason looks at the growing number of calls for Congress to pass preventive national privacy laws as an alternative to laws currently advancing at the state level. This dynamic is heating up.
Two major national data protection laws were introduced in the Senate last month. These come at a time when advanced legislation in several states threatens to create an uneven – and unenforceable – patchwork of inconsistent standards across the country.
Senators Amy Klobuchar, John Kennedy, Joe Manchin, and Richard Burr introduced the Social Media Privacy and Consumer Rights Act of 2021. and “Mandate that users be notified of a breach of their information within 72 hours,” said the sponsors. The Verge, Gizmodo and Ars Technica reported on the bill.
Senator Jerry Moran (R-Kan) reinstated the law to protect the privacy and security of consumer data. “More and more Americans are recognizing the need for a clear federal standard for data protection that will allow them to determine how their personal information is used,” said Senator Moran. “Americans must be able to rely on strong core responsibilities that companies assume in collecting, processing, and protecting their personal information. Without action by Congress, consumers will continue to be vulnerable to future threats to their personal information, and innovators and job makers will be plagued by regulatory uncertainties arising from a growing patchwork of government laws, ”said Moran. According to Moran, the National Retail Federation, Main Street Privacy Coalition, BSA – the Software Alliance, NTCA – the Rural Broadband Association, Garmin and the Kansas City Tech Council support the bill.
Industry POV on national legislation
Support for a national approach is growing among various stakeholders across the value chain, from consumers to advertisers to publishers and tech companies.
A poll by Morning Consult found that 83% of voters said Congress should make privacy a “top” or “important but lower” priority in 2021. Support was strong from both parties, with 86% of Democrats and 81% of Republicans sharing these views.
ANA called on Congress to establish a national data protection standard by passing a tough, preventive federal data protection law after failing bills in Florida and Washington state. Dan Jaffe, ANA Group’s EVP on Government Relations, commented, “The pressure on state lawmakers to pass data protection laws is a testament to the need for Congressional leadership on this very important issue, and consumer creation across the country Environment in which companies can thrive. “The group’s press release mentioned support for Privacy for America.
Alison Pepper of the 4A discussed American privacy and federal privacy laws in a webinar sponsored by the Coalition for Healthcare Communication. “We have worked with Republicans and Democrats and all relevant committees to help them understand what we think privacy laws should be,” said Pepper. She said the goal is to create laws that cover the full spectrum of marketing data uses outside of specific laws like the Health Insurance Portability and Accountability Act. “Up on the hill, some of the America’s privacy bill concepts are being received very positively.”
Oracle called for a two-tier data protection law: “one for big tech and one for everyone else; one for the propagators of the surveillance economy and one for everyone else; one for the recidivists and one for everyone else. “
An opinion pillar in VentureBeat described the cost of a fragmented approach to data protection regulation for the US.
At the same time, data protection regulations are advancing and making progress at the state level.
Legislation requiring companies to obtain consumer consent before processing their data for ad targeting and allowing class action lawsuits for violations was approved by the Senate Consumer Protection Committee in New York.
Florida legislature adjourned without passing data protection laws. The House has taken no action following a revised bill with no private right of action passed in the Senate earlier this week. The Wall Street Journal, Tampa Bay Times, Florida Politics, and other outlets reported the news.
The Washington Privacy Act died when lawmakers adjourned the state without reconciling different versions of the privacy laws.
The 4A, AAF, ANA, IAB, and NAI sent letters to lawmakers in Alaska and New Hampshire to oppose privacy laws.
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