While support for a federal law is not unanimous among tech businesses, Microsoft , Facebook and Google have all come out in support of bringing GDPR-style regulation to the U. The concept of some kind of federal privacy law even seems to be in favor among both Democrats and Republicans, although there is contention about how stringent and specific the regulations should be, and who should control it.
This is the biggest concern over a federal law — that big tech lobbyists will force a weak law that will then override and effectively neutralize stronger state laws. From the U. The GDPR stipulates that any company collecting data on individuals resident within the EU must comply with the legislation — whether that company is based in the EU or not. This means that many U. It is different for U. Data protection compliance is becoming a nightmare, with potentially up to 50 different laws with different specifications and requirements.
CCPA - California Consumer Privacy Act - CAPP Privacy Compliance Data Strategies
A federal law would streamline this, providing one unifying piece of legislation across all states. While it may seem counter-intuitive, privacy laws do not just penalize businesses for poor data protection, but provide significant benefits outside of compliance. A Cisco report shows that businesses experienced shorter sales delays, increased consumer trust and a competitive advantage by pursuing GDPR compliance. Privacy protection laws also provide in-depth, specific guidelines on how companies must protect data.
Although data breaches can be heavily penalized in some cases, the emphasis is on strong security and prevention, rather than just reactive punishment. The best argument in favor of a federal privacy law is probably the GDPR. It has already proven effective in protecting consumers, ensuring additional rights and holding businesses accountable for mishandling personal data.
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On top of the data-protection obligations, the GDPR has effectively provided a digital bill of rights for consumers, giving them access to and ownership of their personal data, and imposing limitations on what kinds of data can be gathered and stored. However, it is not at all clear that a federal privacy law will provide as much benefit to consumers in the United States as GDPR in the E.
The U. A federal law might be important for business continuity, but a weak federal law that invokes the Supremacy Clause of the Constitution would weaken consumer protection in states like California. Federal laws usually override state-level ones in case of conflict.
In the case of a toothless federal data protection law, any good accomplished by the CCPA and similar state laws will be erased. The benefits of trust and competitive advantage of compliance would disappear once shown to be hollow; and without stringent guidelines to adhere to, we would likely see an increase in personal data breaches as well. In the best case, a federal law would unify and consolidate strong consumer protection and tangible business benefits. In the worst case, consumers would lose all the benefits of data protection laws and we would be back to the situation before the CCPA was introduced.
Only this time, the ability for states to draft their own strong state privacy laws will be overridden by the supremacy of federal law. A light-weight law enacted for political reasons is likely to weaken rather than strengthen existing consumer protections. If the U. The GDPR has a multi-year, concerted effort to make a real difference. Unless U. Read what Avast thought leader Kevin Townsend sees as the biggest security concerns posed by drones. Read what chess master and AI thought leader Garry Kasparov believes is a key challenge of privacy for the future.
Cybersecurity journalist Byron Acohido explores the vast expanse of IoT, mapping out areas of greatest cybersecurity concern. Information held by agency. Actions of, and disclosure of information to, staff of agency, etc. Act to bind the Crown. Application of information privacy principles.
Postponement of application of principle 11 to lists used for direct marketing. Application of principles to information held overseas.
Enforceability of principles. Functions of Commissioner. Commissioner to have regard to certain matters. Deputy Commissioner. Term of office [Repealed]. Continuation in office after term expires [Repealed]. Vacation of office [Repealed]. Holding of other offices. Powers relating to declaratory judgments. Directories of personal information. Commissioner may require agency to supply information. Privacy officers. Annual report. Further provisions relating to Commissioner.
The California Consumer Privacy Act
Review of operation of Act. Security, defence, international relations, etc.
Trade secrets. Other reasons for refusal of requests. Refusal not permitted for any other reason. Restriction where person sentenced to imprisonment [Repealed]. Information concerning existence of certain information. Individuals may make information privacy requests. Commissioner may authorise public sector agency to charge.
Transfer of requests.
Five Ws and an H
Decisions on requests. Extension of time limits. Deletion of information from documents. Reason for refusal to be given. Proposal for issuing of code of practice. Notification of intention to issue code. Notification, availability, and commencement of code. Application of Legislation Act to codes.
Which companies does the CCPA affect?
Amendment and revocation of codes. Urgent issue of code. Effect of code. Commissioner may authorise collection, use, or disclosure of personal information. Certain personal information excluded. Personal information relating to domestic affairs.