Over the past few years, individual states throughout the U.S. have attempted to formulate legislation to address consumer data privacy and security, but these efforts created a fragmented approach to consumer rights.
The 2018 California Consumer Privacy Act (CCPA) provides the most comprehensive state legislation, but many states have barely scratched the surface and tend to focus on breach notification. Since the inception of the European Union’s General Data Protection Regulation (GDPR), many countries have adopted similar approaches to provide covered entities a centralized governing body to ensure adherence and enforcement of the regulations. Although interpreting legislation can require organizations to tap into their legal counsel, this centralized approach provides far more clarity than the current state of U.S.-based data privacy and security legislation.
Finally!
At last, Sen. Jerry Moran, R-Kan., along with other representatives, has established initial drafts of the Consumer Data Privacy and Security Act (CDPSA) of 2020. This approach aims to fill a void around centralized governing of data privacy and security at the national level but also takes into consideration leading legislative practices for the states and those abroad. Although the CDPSA is in the early phases of development through the legislative process, we can see similarities and differences when compared to the data privacy and security leaders and influencers. Let’s take a brief look into key aspects of the legislation: preemption to existing state and federal laws, fines, and enforcement exemptions.
Cost vs. Enforcement of Compliance
Striking a balance between protecting consumer rights and reducing the cost ..
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