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As insurance companies continue to examine their compliance with current privacy and cybersecurity regulations, new state laws and proposed federal bills add another level of complexity to the landscape.
Federal
The Information Transparency & Personal Data Control Act is Congress’ latest attempt to regulate private companies’ use of consumer data. The bill, introduced by Rep. Suzan DelBene (D-WA), requires companies to provide “plain language” consumer privacy policies, enables consumers to opt-in to the use of their sensitive private information and broadly preempts conflicting state laws. The stated purpose of the bill is to develop a national privacy framework to replace the current patchwork of states privacy laws, such as the CPRA.
[co-author: John Pilch]
Rarely do Virginia and California fall into the same camp on legislation, but that may change with Virginia’s Consumer Data Privacy Act (the “Act”). The Virginia House of Delegates overwhelmingly passed the Act on January 29
th, and the Virginia Senate passed an identical companion bill on February 3
rd. If signed into law by Governor Northam, the Act would make Virginia the second state in the U.S. to enact sweeping consumer data privacy legislation.
The Act adopts consumer privacy concepts from the California Consumer Privacy Act (CCPA), the new California Privacy Rights Act (CPRA), and Europe’s General Data Protection Regulation (GDPR), including: