HCBA Lawyer Magazine Vol. 29, No. 5 | Page 33

TOWARDS A NATIONAL PRIVACY LAW Corporate Counsel Section Continued from page 30 of legislation detailing the steps that must be taken following a data breach. But, no uniformity exists among existing federal and state data breach laws. So, a business whose data has been breached must potentially navigate through fifty different state laws, as well as federal legislation like HIPAA, in responding to a data breach. The European Union was perhaps the first organization to comprehensively address the privacy of personal information, adopting a broad General Data Protection Regulation (known as GDPR) that took effect in May 2018. The following month, California enacted a consumer privacy law that is modeled to some extent on the European Union regulation. Although amendments recently were proposed to the California law (poised to become effective January 1, 2020), it generally expands consumers’ rights regarding their personal information, imposes additional obligations on covered businesses that collect personal information from California residents, and creates an express private right of action for consumers if their personal information is compromised. To date, at least nine other states have proposed similar, although not identical, data protection laws. To address the countless data breaches that seemingly occur almost daily now, and the complex, confusing, and conflicting patchwork of state and federal laws that currently exist, several proposals have been introduced recently in Congress for the creation of a uniform and comprehensive federal privacy law. For instance, earlier this year, Florida Senator Marco Rubio proposed the American Data Dissemination Act which would require the Federal Trade Commission to promulgate data privacy rules, permit Congress to make changes to the proposed rules, task the FTC with enforcement responsibilities, and supersede state laws. As one would expect, other legislative proposals              6 >= ? / ? - ) * < ? : 5 ; 2 +??.38>?7>0=<1 offered to date provide different suggestions for protecting sensitive data and responding to data breaches compromising such data. Senate and House of Representatives committees held hearings in late February regarding privacy and data protection issues. Significantly, committee members in both chambers expressed bipartisan support for establishing a national data protection standard, although differing on precisely what that standard should be and whether federal legislation should preempt state laws. Given the divergent views that exist regarding the scope and content of a national privacy law, it is unclear whether Congress will follow the lead of the European Union, California, and other states that have proposed privacy legislation, or adopt some other approach to protecting personal information in any legislation it enacts. Because of the pending legislative efforts to address privacy issues and the apparent momentum that exists for such legislation, the privacy landscape very likely will change in the coming months, at least to some extent. Businesses that collect and use individuals’ personal information should keep abreast of future privacy law developments. Authors: Michael Hooker and Jason Pill – Phelps Dunbar #;