data privacy – Page 4 – InfoHive

Anatomy of Lobbying FOR and AGAINST Data Privacy Legislation

After passing firs tin the nationa data privacy protection, to a GDPR level, here’s a roadmap of the supporters and opponents :

Against/Changing the state level GDPR-like standards:
- California Chamber of Commerce
  - $2.2 million coalition that tried to scuttle the ballot initiative
  - $1.6 million in lobbying
- tech-backed Internet Association
  - $200,000 on lobbying
For the state level GDPR-standards:
- Common Sense Media
- Electronic Frontier Foundation
- Consumer advocates

Why…

Lege TREND. New Penalties for Companies & Executives. Visions of Orange & Stripes.

Jail time is being added to the list of potential penalties in data breaches. Under the proposal the FTC could impose fines on companies and could also impose criminal penalties on executives.

The impetus for this bill? Facebook

Government Technology | Oregon’s Wyden Pitches Jail Time for Breaches

Lege TREND. Requiring Warrants for Mobile Phone Data.

Utah’s HB 57 (UT | 2019) would require a warrant before police can access data shared with an app or third party, like cloud storage.

Supporters say:

Applies the rules to paper to the digital world. If it was on paper, would a warrant be required should be the standard.
Based on language in a constitutional amendment to protect digital privacy passed in Missouri in 2014.

Salt Lake Tribune | A Utah lawmaker is pushing a digital privacy bill that would bar warrantless searches of data…

3 Legislative Issues. Self Driving Car Data.

Privacy. Who owns the data. Who gave consent to collect the data.
Security. What data should be protected from transfer.
Public Safety. How can the data be used to protect the public and transportation systems in smart cities.

How can governments use data from self driving cars?

managing traffic
urban planning
allocating public funds

phys.org | self-driving cars and geospatial data: Who holds the keys?

Lege Trend. Data Broker Registries

Tim Cook (Apple) is recommending a Data Broker Registry.

What’s a data broker? they buy and sell data from third parties

So how would it work?

every consumer can opt into their data being collected or not
consumers would be able to remove their data from the registry
the FTC would house the registry and consumers could see what info is being collected and by whom

Why does this sound familiar? Because in 2018 informed:intel told you about the first in the nation data broker state law in VT,…

Attorney General. Data Broker Law. To write your states law with Business Guidance.

IN 2018, Vermont became the first state to regulate data brokers.

What is a data broker?

A business that
knowingly collects and sells or licenses to third parties
brokered personal information of a consumer
with whom the business does not have a direct relationship

What business guidance did the Vermont Attorney General offer?

If Vermont courts do not have jurisdiction, then this law does not apply to a business
Does it establish an opt out requirement for consumers? no
Will businesses…

Lege TREND. Top Data Security State Legislation in 2019.

California Privacy Act. Will other states replicate it? Is it the US solution for GDPR?
Federal Preemption. Will Congress pass federal data breach notification standards?
Data Privacy Requirements for Internet of Things. Privacy standards for your home thermostat, etc… See California’s SB 327 (2018)
Will small businesses get a carve out bill? See S770 (115th Congress)
Federal Preemption of Data Encryption Standards for Business

Sc Media | Top cybersecurity legislation of 2019

Lege TREND. State Legislation Reacting to Marriott Breach. What you need to know:

New Jersey legislature is moving A3245 (2018 |NJ) which is in repsonse to the Marriott data breach and will:

Expands the state data breach notification requirements to include disclosure of:
- usernames
- email addresses
- any passwords
- security questions and answers
The authors say prompt notification is required for people to keep their online acocunts protected

Insider NJ | Assembly Panel Clears Caputo & Murphy Bill Requiring Disclosure of Online Security Breaches