We have heard the California Consumer Privacy Act of 2018 (CCPA) called many things since its enactment on June 28, 2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy. We will explore the ramifications for businesses of this seminal legislation in this multi-part series, “The Challenge Ahead” authored by members of Hogan Lovells’ CCPA team. In this first installment, we describe recent activity to enact so-called “technical” amendments to the CCPA.
An issue that has started to appear on the privacy agenda is privacy and the “connected car.” Automakers here in the United States have taken the lead on privacy, and have answers to many of the inevitable privacy questions. Late last year the major automakers voluntarily agreed to a set of privacy and data security principles that will regulate how automakers collect, use, and share information. No other industry in the “Internet of Things” ecosystem of which connected cars are a part has done as much or has gone as far as automakers. The automakers understand that without the trust of consumers, new technologies will not be as readily embraced. The Privacy Principles provide a strong basis for such trust.
On Wednesday, Harriet Pearson, a partner in Hogan Lovells’ Privacy and Information Management Practice, appeared on the Cyberlaw and Business Report Internet radio show to discuss newly enacted California privacy laws. This blog post contains a link to the interview and a downloadable podcast.
On Wednesday, the Senate Commerce Committee held a hearing on consumer privacy and the need for a federal baseline law. On one side — Senators Rockefeller (D-WVA) and Kerry (D-MA), strong proponents of baseline privacy legislation, and on the other was Senator Pat Toomey (R-PA), who questions whethere there is the need at all for legislation and who expressed cocern over compliance costs threatening innovation. On Monday, the Congressional Internet Caucus wil hold a program on pending privacy legislative proposals, moderated by Hogan Lovells Privacy Leader Chris Wolf.
The long-awaited privacy bill from Senators Kerry and McCain was introduced today. This entry links to the bill, the Senators’ summary and press release, and contains Senator Kerry’s overview as well details on the support of the bill by Microsoft, HP, Intel and eBay/
This blog entry details the major provisions of the draft Kerry/McCain privacy legislation that is circulating around Washington. As explained in the posting, the proposed law would impose major and significant new obligations on businesses dealing with personal information.
A highly-placed official in the Obama Administration has confirmed that in testimony to be delivered tomorrow before the Senate Commerce Committee, Larry Strickling, Assistant Secretary in the U.S. Department of Commerce, will announce that the Administration supports baseline privacy legislation that will set broad privacy protections consistent with the Department’s recently issued Green Paper, not detailed prescriptions. The legislative concept supported by the Obama Administration would have the Commerce Department working with stakeholders to develop Codes of Conduct enforceable by the Federal Trade Commission, that would also create a “Safe Harbor” (the contours of which are unspecified). The proposed framework is intended to promote interoperability with foreign frameworks, perhaps leading to a recognition of the US privacy law as providing adequate protection. This is the first time the Administration has expressed support for a federal privacy law.
This blog entry provides an update on developments in proposals for US privacy legislation, including yesterday’s remarks by Congressman Cliff Stearns (R-FL) about his plans to introduce a modified version of last session’s “Boucher Stearns” bill, and an article reprinted with permission from BNA’s Electronic Commerce and Law Report about a program earlier this week featuring Hogan Lovells privacy lawyers on the privacy scene in Washington in 2011.
Just as privacy remains front page news, it remains a subject of bi-partisan interest on Capitol Hill. This entry briefly describes (1) the oversight role Congressional committees are performing when privacy makes the news, (2) the establishment of a new Senate Judiciary Committee privacy subcommittee chaired by Senator Al Franken (D-MN); (3) the expected legislation to be introduced in the Senate; (3) the bills that have landed in the House and the other proposals expected there; (4) the focus on amendments to ECPA and CALEA; and (5) the contintuing innovations in state legislatures. In short, a two minute read on the state of privacy in the legislative branch.
Despite the fear that the new political landscape in Washington means nothing but gridlock, some believe that privacy is one of the few issues that “will get done”. This blog entry looks at the new Congressional landscape.