US Congress Data Privacy ActSenator Catherine Cortez Masto (D-NV) introduced the Digital Accountability and Transparency to Advance (DATA) Privacy Act. The Act strengthens data privacy protections for American consumers while also ensuring corporations are focusing on implementing new data security standards and essential privacy protections. It also increases research into technologies that protect Americans’ privacy and shields small businesses from unnecessary regulation.
The Legislation focuses on six key areas: data protection, transparency, consumer control of their own data; data security standards; privacy protection officers; and promoting privacy enhancing innovations. Among other things, the Act would:
- Require that businesses provide users with reasonable access to a method to opt-out.
- Require that three standards be applied to all data collection, processing, storage, and disclosure: (1) the collection must be for a legitimate business or operational purpose that is contextual and does not subject an individual to unreasonable privacy risk; (2)data practices may not discriminate against protected characteristics, including political and religious beliefs; and (3) businesses cannot engage in deceptive data practices.
- The bill would require opt-in consent when: (1) collecting or disclosing sensitive data such as genetic, biometric, or precise location data; or (2) disclosing data outside of the parameters of the businesses’ relationship with the consumer.
- Mandate that businesses that collect personal data on more than 3,000 people a year provide access to a privacy notice that is concise, understandable to consumers and that accurately describes their privacy policies.
- Allow consumers to request, dispute the accuracy, and transfer or delete their data without retribution in the form of price or service discrimination by companies.
- Require companies collecting data on more than 3,000 people a year to prioritize protecting consumer data through technological, administrative, and physical means based on the privacy risk.
- Require companies collecting data on more than 3,000 people a year with revenues in excess of $25 million per year to appoint a Privacy Protection Officer.
- Provide new authorities to State Attorneys General and the Federal Trade Commission by allowing them to levy civil penalties for violations.
"From my time as Nevada’s Attorney General, I’ve fought for consumers who’ve been harmed by data breaches at major companies and defrauded by scammers who stole their data,” said Cortez Masto. My legislation takes a proactive approach to protecting consumer data by ensuring Americans have a voice in how their consumer data is used. This bill requires companies put data protection and transparency first, while also requiring Congress and our government agencies step up to make the private data of consumers in Nevada, and across the country, a priority for protection. I’m proud to introduce this legislation with my colleagues and will continue this fight to strengthen consumer privacy and data security.”
See full press release here.
The Regulatory Mix Today: US Congress Data Privacy Act, FTC Helps Kick-Off National Consumer Protection Week 2019
FTC Helps Kick-Off National Consumer Protection Week 2019
The Federal Trade Commission and its federal, state and local partners, together with consumer groups and national advocacy organizations, will participate in the 21st annual National Consumer Protection Week (NCPW) from March 3-9, 2019. NCPW is a nationally coordinated campaign to help consumers understand their rights while giving them access to free educational materials. During NCPW, the FTC joins its partners to bring consumers information and advice on scams, identity theft, and other fraudulent business practices.
“As the nation’s primary consumer protection agency, we take pride in working with our partners and providing free educational resources to remind consumers of their rights,” said Chairman Joe Simons. “We encourage informed consumers to share their knowledge and help others avoid scams.”
The FTC’s Bureau of Consumer Protection (BCP) focuses its resources to protect Americans from scams, identity theft, and other unfair, deceptive, and fraudulent business practices. Along with BCP, the Bureau of Competition protects the interests of consumers by promoting vigorous competition, which can deliver lower prices, enhance innovation, and increase quality and choice for consumers.
The Regulatory Mix, Inteserra’s blog of telecom related regulatory activities, is a snapshot of PUC, FCC, legislative, and occasionally court issues that our regulatory monitoring team uncovers each day. Depending on their significance, some items may be the subject of an Inteserra Briefing.