On December 8, the House of Representatives by voice vote passed H.R. 2221, entitled the “Data Accountability and Trust Act,” which would require all organizations engaged in interstate commerce that manage or contract another to manage electronic data containing personal information to comply with a comprehensive set of standards designed to protect that information from unnecessary disclosure and to prevent identity theft and other fraud. Th eBill now heads to the Senate where passage this year is unlikely, but where consideration next year is expected.
On December 1, Judge Reggie Walton of the U.S. District Court for the District of Columbia issued a memorandum opinion in a lawsuit by the American Bar Association against the Federal Trade Commission, explaining his October 29 ruling from the bench that the FTC’s Red Flags Rule does not apply to lawyers. Holding that "[e]ven a […]
On November 5, the Senate Judiciary Committee passed two bills that collectively would preempt a large swath of the patchwork quilt of state data security and breach notification laws that largely comprise the U.S. regulatory landscape today. While imminent passage is not expected, the prospects for a federal law are gaining momentum. Especially noteworthy are the criminal and civil penalties being proposed for companies that fail to properly deal with a data security breach.
District Court Rules that Red Flags Rule Don’t Apply to Lawyers
The Personal Data Privacy and Security Act (“PDPSA”), recently reintroduced by Sen. Patrick Leahy (D-VT) and referred to the Senate Judiciary Committee proposes comprehensive federal regulation of data broker services. While enactment of the PDPSA remains uncertain, the draft legislation may presage future legislative and regulatory trends. Comprehensive Federal Regulation of “Data Brokers” Title II […]
On July 22, 2009, Sen. Patrick Leahy (D-VT) reintroduced S. 1490, the Personal Data Privacy and Security Act (“PDPSA”), which has been referred to the Senate Judiciary Committee. The reintroduced PDPSA is substantially similar to the prior version reported out by the Judiciary Committee in 2007, which was co-sponsored by then-Sen. Barack Obama. Among the […]