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Biden s New Executive Order Looks to Address Data Privacy
July 21, 2021
September 30, 2021 Twitter
Photo: Ahundt via Pixabay/CC
In his latest executive order, President Joe Biden is asking the U.S. Federal Trade Commission to establish new rules over how tech firms can collect and use data from their customers, as a way to offer more privacy protections for American consumers.
The focus on how large tech firms such as Facebook, Google and Amazon collect and use consumer data is one part of an executive order that seeks to address a raft of what the White House calls anticompetitive behavior by corporations that have harmed customers and reduced competition, according to a fact sheet published by the administration on Friday.
[co-authors: Taylor Daly, Senior Public Policy Specialist and Rebecca Kocsis, Legal Project Analyst]
Throughout the month of March, states continued to introduce new privacy laws of their own as Congress focused on enacting President Biden’s $1.9 trillion COVID-19 relief plan H.R. 1319, the American Rescue Plan Act of 2021 which President Biden signed into law on March 11.
The last month notably featured several key developments in California, as the state announced the establishment of the five-member inaugural board for the California Privacy Protection Agency (CPPA), a new administrative agency created by the California Privacy Rights Act (CPRA) and charged with implementing and enforcing the state’s privacy laws. Further, the state has approved additional California Consumer Privacy Act (CCPA) regulations, which went into effect on March 15. As clients look to navigate the changing privacy landscape in California, Akin Gump has published a new report looking back at the fir
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So far, 2021 is shaping up to be an important year for data privacy legislation. In March, Virginia enacted the Consumer Data Protection Act (CDPA) the nation s second comprehensive data privacy law. Dozens of state legislatures are actively considering data privacy bills, with California continuing to ramp up enforcement of the California Consumer Protection Act (CCPA). Meanwhile, with Democrats in control of both the White House and Congress, the prospects of a comprehensive federal data privacy law have increased, and the first data privacy bill introduced in this Congress holds promise as a possible law that could garner bipartisan support. [1]
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It’s a hot spring for state privacy legislation. Privacy bills are pending in roughly 20 states, and while Gramm-Leach-Bliley Act (GLBA) exemptions may act as a cool breeze in some, issues remain:
Some states’ legislation has no GLBA exemption.
Some states’ legislation only contains a data-level exemption, meaning non-GLBA data would be subject to the states’ privacy requirements.
Even those states’ legislation that contains such an entity-level exemption will not insulate insurers from contractual obligations imposed by third parties who are subject to the legislation.
Virginia is the first state to follow California’s lead in adopting comprehensive privacy legislation, but its Consumer Data Protection Act has an entity-level GLBA exemption preventing any direct application to insurers. California, at work again, amended its Consumer Privacy Act (CCPA) by adopting the California Privacy Rights Act (CPRA),