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Privacy Law Alert - New York State Enacts a New Electronic Data Privacy Protection Law - Lexology

Privacy Law Alert - New York State Enacts a New Electronic Data Privacy Protection Law - Lexology | The CYDigital Blog | Scoop.it
In July 2019, New York State passed the Stop Hacks and Improve Electronic Data Security Act, N.Y. G.B.L. § 899 et seq. (the “SHIELD Act”), which goes into effect on March 21, 2020.

The SHIELD Act is meant to improve consumer data security by expanding the definition of protected data, increasing notification requirements, and requiring substantive data security controls. The SHIELD Act will make New York’s data protection laws consistent with those of other states, including Massachusetts and Florida.

Who is Covered?

The SHIELD Act expands New York’s electronic data protection to cover any person or business that owns, licenses, trades in, or otherwise affects the private information of any New York resident, regardless of whether the business is located in New York.
CYDigital/marteq.io's insight:

"...regardless of whether the business is located in New York." 

 

Curated by CYDigital: enabling Marketers to discover extraordinary opportunities from their data https://cyd.digital

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Gov Gavin Newsom Suggests Big Tech Should Pay People Cash For Monetizing Personal Data | The Daily Caller

Gov Gavin Newsom Suggests Big Tech Should Pay People Cash For Monetizing Personal Data | The Daily Caller | The CYDigital Blog | Scoop.it
California Gov. Gavin Newsom suggested Sunday evening that tech companies should pay California residents for money they make off selling their data.

“Your data is being monetized every single nanosecond. And, to the extent it’s been monetized and it’s yours, I think in some way shape or form you should be rewarded,” Newsom, a Democrat, said during an interview on HBO. He floated the idea in May during his first State of the State speech as governor.

It would conceivably serve two purposes: help fill California’s yawning wage gap and reward people for forking over their data to big tech
CYDigital/marteq.io's insight:

Gov. Newsom is spot-on! This needs to be comprehensive with a tangible means for consumers to be compensated.

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy #datamonetization

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Sens. Warner, Hawley Team on Social Media Data Monetization Dashboard - B+C

Sens. Warner, Hawley Team on Social Media Data Monetization Dashboard - B+C | The CYDigital Blog | Scoop.it
Sens. Mark Warner (D-Va.) and Josh Hawley (R-Mo.) have teamed up to introduce a bill that would require social media platforms and other "data harvesting companies" to provide information to financial regulators and consumers on "exactly" what data they are collecting from consumers and how it is being monetized, and charge the Securities and Exchange Commission to come up with a method for calculating data value.

The social media revolution, driven by companies like Facebook and Google, relies on monetizing that data to keep the services free, at least at not charge. Though many, including the senators, point out that the price is the harvesting of that data, which they say is why they have introduced the Designing Accounting Safeguards to Help Broaden Oversight And Regulations on Data (DASHBOARD) Act.
CYDigital/marteq.io's insight:

This bill does NOT address the issue of consumer compensation for use of generated data. And Senator Kennedy's (R-LA) bill doesn't address the value or mechanics for compensation (https://www.kennedy.senate.gov/public/2019/3/sen-john-kennedy-r-la-introduces-social-media-data-privacy-legislation). The only initiative that addresses consumer compensation for data holistically is Gov. Newsome's proposed Data Dividends concept, which will be the model moving forward for all states.

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy #datamonetization

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Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation - Lexology

Texas Moves Forward With Updates to Breach Notification Law and Institutes Privacy Council to Study Data Privacy Legislation - Lexology | The CYDigital Blog | Scoop.it
Texas is one of the many states that looked to be following in the footsteps of California’s enactment of a broad consumer privacy law (the California Consumer Privacy Act), which has far-ranging implications for businesses and consumers. Two comprehensive data privacy bills, HB 4390 and HB 4518, were filed and heard at the last legislative session. HB 4518, also known as the Texas Consumer Privacy Act, proposed overarching consumer protection legislation that closely resembled the California Consumer Privacy Act. HB 4518 stalled in the Texas House of Representatives in favor of HB 4390. HB 4390, also known as the Texas Privacy Protection Act, was introduced as comprehensive data privacy legislation, but was significantly less detailed than HB 4518. HB 4390 went through several rounds of revisions in both the Texas House and Senate until it was whittled down to the final version, which revises the notification requirements of the Texas Identity Theft Enforcement and Protection Act and creates the Texas Privacy Protection Advisory Council in order to develop recommendations for future data privacy legislation. HB 4390 has passed both the Texas House and Senate and is awaiting signature from the governor to be enacted.

CYDigital/marteq.io's insight:

Update on Texas...

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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CYDigital/marteq.io's curator insight, June 12, 11:33 AM

Marketers must be aware of the state by state legislation protecting consumer data and privacy. 

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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Oregon expand their data privacy laws - Lexology

Oregon expand their data privacy laws - Lexology | The CYDigital Blog | Scoop.it
In Oregon, the legislature expanded its data breach notification statute (ORS §§ 646A.600 et seq.). Oregon’s updated data breach law, which was signed by Governor Kate Brown on May 24, 2019 and goes into effect on January 1, 2020, expands breach notification requirements to cover “vendors,” which it defines as “a person with which a covered entity contracts to maintain, store, manage, process or otherwise access personal information for the purpose of, or in connection with, providing services to or on behalf of the covered entity.” Under the new law, a vendor must notify Oregon’s Attorney General when subject to a security breach affecting the personal information of over 250 Oregon consumers, or when the number cannot be determined. Vendors do not need to notify the Attorney General if the covered entity has already made the notification. Vendors must also notify their business customers of the breach within 10 days – a change from previous language mandating notification “as soon as practicable.” The law also expands Oregon’s definition of personal information to include usernames, but only when combined with authentication factors.

CYDigital/marteq.io's insight:

Eventually, they'll be a federal law as well, but that won't negate the state-by-state legislation. OR, MA, ME, WA, CA, TX so far. NY next...BIG.

 

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CYDigital/marteq.io's curator insight, June 12, 11:34 AM

Marketers must be aware of the state by state legislation protecting consumer data and privacy. 

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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Council Post: Regulatory Disruption: Is Your Business Ready To Comply With The CCPA? - Forbes

Council Post: Regulatory Disruption: Is Your Business Ready To Comply With The CCPA? - Forbes | The CYDigital Blog | Scoop.it
1. Establish a baseline

2. Evaluate third-party data providers

3. Avoid retrofitting legacy compliance tools. Seek technologies that enable you to:

• Manage and automate regulatory change monitoring through software or services. 

• Apply modern solutions to modern problems. 

•Establish predictable return on investment (ROI). 

4. Manage regulatory churn by embracing compliance change management. 

5. Plan for the future by aligning compliance management with your road map.
CYDigital/marteq.io's insight:

Strongly encourage you to CT and review the details. Excellent guidance. CCPA and other legislation will cost.

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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CYDigital/marteq.io's curator insight, June 12, 11:37 AM

Your database is at risk! Start taking action. Why is this bigger than GDPR? Because its on a state by state basis!

 

Curated by CYDigital: Delivering Consumers who want to buy from you. https://cyd.digital #zeropartydata #martech

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Is the CCPA proliferating? A midyear data privacy legislative round-up - Lexology

Is the CCPA proliferating? A midyear data privacy legislative round-up - Lexology | The CYDigital Blog | Scoop.it
The Massachusetts State Senate has recently referred a new consumer data privacy bill, S.120, to the Joint Committee on Consumer Protection and Professional Licensure. The Massachusetts law would protect any information relating to an identified or identifiable customer, and would explicitly include biometric information of all kinds into the definition of that protected information. Like the GDPR and CCPA, the Massachusetts law, if enacted, would impose notice requirements relating to the collection and disclosure of personally identifying information, including biometrics. In addition, S.120 includes a proposed private right of action that allows for up to $750 per violation, plus attorneys’ fees, for failure to abide by the law’s notice and collection requirements.

CYDigital/marteq.io's insight:

I scooped only the MA update (you already know about CA, NV, WA, TX and NY). 

 

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CYDigital/marteq.io's curator insight, June 12, 11:39 AM

I scooped the MA as an example. Don't forget: CA's CCPA, ME, NV, OR, WA and coming soon...NY. Did I miss anyone?

 

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Nevada, New York and other states follow California’s CCPA - Data Protection Report

Nevada, New York and other states follow California’s CCPA - Data Protection Report | The CYDigital Blog | Scoop.it
We are also continuing to monitor developments in New York, which has proposed a CCPA-like law (S5462). Although the bill has a similarly broad definition of “personal information” and gives consumers the right to request deletion of their data, the bill also introduces new obligations on companies as a “data fiduciary”. 

Earlier this year, both Washington (Washington Privacy Act, SB 5376) and Texas (Texas Privacy Protection Act, HB 4390) had introduced CCPA-like bills. Both bills failed to pass during their respective legislative sessions. Several other states still have legislation pending, which we are continuing to monitor.

The possibility of a US federal privacy law is still under consideration in Washington, DC, with the House Energy and Commerce Consumer Protection and Commerce Subcommittee Chairwoman Rep. Jan Schakowsky (D-IL) stating that she hopes to have a draft bill before Congress breaks for its August recess. She indicated that the bill could give the Federal Trade Commission more authority to police data privacy, as well as several features currently in CCPA: the right to amend, correct, and erase their data as well as not have their data used for discriminatory purposes. The topic of whether to include a private right of action is also under discussion.
CYDigital/marteq.io's insight:

Bear in mind that the WA bill didn't pass because it wasn't sufficiently restrictive. Regarding a federal law: it probably won't happen unless a progressive is elected in 2020, and even then the Senate would need to turn over to the Democrats (the current majority leader will block everything in sight).

 

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How Google, Facebook, Amazon and Apple faced EU tech antitrust rules - CNBC

How Google, Facebook, Amazon and Apple faced EU tech antitrust rules - CNBC | The CYDigital Blog | Scoop.it
Europe has made its name as the top cop of tech regulation.

The European Commission, the executive arm of the European Union, has imposed a combined $9.5 billion in antitrust fines against Google since 2017, and its boss hints Amazon and Apple might be next in line.

Facebook, meanwhile, has been subject to probes from competition and data protection authorities across the EU since the region’s strict new set of privacy rules called the General Data Protection Regulation (GDPR) went into effect last year.

As U.S. regulators and lawmakers step up their efforts to reign in big tech companies, Europe offers some valuable lessons.
CYDigital/marteq.io's insight:

The EU's strategy may or may not be a template for the US Department of Justice, but the reaction of the behemoths are duly noted.

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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Maine governor signs online privacy bill | Miami Herald

The bill, signed by Gov. Janet Mills on Thursday, prohibits internet service providers from using, disclosing, selling or permitting access to a customer's personal information unless a customer "opts in." The bill only applies to providers operating within the state when providing broadband internet to customers physically located in the state.

It also requires providers to take reasonable measures to protect customers' personal information from unauthorized use, disclosure, sale or access. And it prohibits providers from refusing to serve customers or charge customers who do not consent to their personal information being shared.
CYDigital/marteq.io's insight:

It's here. Watch for NY next.

 

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Nevada and Maine Advance Legislation Addressing the “Sale” of Personal Data | Kelley Drye & Warren LLP - JDSupra

Nevada and Maine Advance Legislation Addressing the “Sale” of Personal Data | Kelley Drye & Warren LLP - JDSupra | The CYDigital Blog | Scoop.it
While businesses rightfully have been focused on preparing for the California Consumer Privacy Act (“CCPA”), the Nevada and Maine Legislatures have moved forward with legislation that, like the CCPA, features new requirements relating to the sale of consumer personal data. The Nevada bill, which was signed into law on May 29 and amends an existing data privacy statute, requires companies to provide a designated channel through which consumers can opt out of the sale of their personal data. The Maine bill, which has passed house and senate votes, notably would require opt-in consent prior to the sale of personal data; however, the law would narrowly apply to Internet Service Providers (“ISPs”) and exclude online companies perhaps more commonly associated with the disclosure and sale of consumer data.

CYDigital/marteq.io's insight:

More on Maine and Nevada.

 

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Is the CCPA Too Burdensome … for Consumers? | Foley Hoag LLP - Privacy & Data Security - JDSupra

Is the CCPA Too Burdensome … for Consumers? | Foley Hoag LLP - Privacy & Data Security - JDSupra | The CYDigital Blog | Scoop.it
The CCPA revolves around a series of rights granted to consumers. Those rights allow consumers to: (i) know about what personal information a business has collected about them; (ii) access said personal information; (iii) have the business delete their personal information; and (iv) opt-out from the sale of their personal information. To give these rights meaning, the CCPA requires businesses to disclose these various rights to the consumer. And the law requires businesses to inform consumers, at or before the point of collection, about “the categories of personal information to be collected and the purposes for which the . . . personal information shall be used.” (Cal. Civ. Code § 1798.100.)

As a useful point of comparison, the GDPR creates a similar individual-rights regime, but couples its grant of individual rights with a series of accountability mechanisms designed to “encourage companies to embrace data minimization and purpose specification when they use data.” That is, independent of consumers’ rights to access and control their data, companies under the GDPR are required to use only as much personal information as is necessary for their specified business purposes.

The CCPA lacks this component.
CYDigital/marteq.io's insight:

It's the downside to the CCPA: to gain traction, the CCPA needs to eliminate friction. And there's too much friction.

 

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Maine Could Soon Pass the Strictest Internet Privacy Law in the U.S. - GovTech

Maine Could Soon Pass the Strictest Internet Privacy Law in the U.S. - GovTech | The CYDigital Blog | Scoop.it
A bill that has received majority support in both houses of the Legislature would create the toughest state Internet privacy law in the nation, prohibiting carriers such as AT&T and Spectrum from selling Maine customers’ personal data without their permission.

On Wednesday, the House voted 96-45 in support of the bill, with nine Republicans voting with Democrats in the majority. Previously, it passed with a majority in the Senate via a voice vote.

The House amended the bill to delay its effective date until July 1, 2020, in order to give Internet service providers time to prepare for the new rules. The amendment would need to be accepted by the Senate before being sent back to the House and Senate for enactment, then on to the desk of Gov. Janet Mills.
CYDigital/marteq.io's insight:

Add Maine to the list.

 

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New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA | - JDSupra

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA | - JDSupra | The CYDigital Blog | Scoop.it
Nevada has a new privacy law. On May 29, Nevada Governor Steve Sisolak signed Senate Bill 220 (SB-220) into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. The act, which amends an existing online privacy notice law, is significantly narrower than the California Consumer Privacy Act (CCPA). It applies only to online activities, defines “consumer” and “sale” in a much more limited manner than the CCPA, and includes broad exceptions for financial institutions subject to the Gramm-Leach-Bliley Act, entities subject to the Health Insurance Portability and Accountability Act, and vehicle manufacturers and vehicle service and repair entities that collect covered information from vehicles through connected or subscription services.
CYDigital/marteq.io's insight:

The focus has been on the CCPA, but we overlook that Nevada is the first in line, albeit with a version that is not nearly as sweeping as the CCPA.

 

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Bevy Of CCPA Amendments Pass California Assembly. Next Stop: The Senate - AdExchanger

Bevy Of CCPA Amendments Pass California Assembly. Next Stop: The Senate - AdExchanger | The CYDigital Blog | Scoop.it
A bunch of the amendments exempt certain types of businesses or data types from being subject to the law, including insurance companies, companies complying with government requests or dealing with security or fraud issues, vehicle repair data and employee and job application-related data. (AB 981, AB 1416, AB 1146 and AB 25).

Other of the amendments seek to tweak the definition of personal information under CCPA, such as AB 873, which broadens the language from data that is “capable of being associated” with a person or household, to data that is “reasonably capable” of being associated.

AB 1355 excludes de-identified and aggregated consumer information from the definition of personal information, while AB 874 tones down the definition by excluding info collected from public records.

Rounding out the bills, AB 1564 would allow businesses to only have one method of contact for consumers submitting information requests (either an email or a toll-free phone number, but no need for both); AB 1202 would require data brokers to honor opt outs; and AB 846 would ensure that the CCPA doesn’t apply to loyalty programs, rewards and coupons.
CYDigital/marteq.io's insight:

Nothing that changes the fundamental nature of the law.

 

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Infographic: Most Americans Support Consumer Data And Privacy Protection Law - IB Times

Infographic: Most Americans Support Consumer Data And Privacy Protection Law - IB Times | The CYDigital Blog | Scoop.it
This chart shows the results of a survey about data protection laws in the United States.
CYDigital/marteq.io's insight:

Of course! But how? CYDigital has the answer...

 

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Washington State Data Privacy Act Fails To Pass - Data Protection - Mondaq

Washington State Data Privacy Act Fails To Pass - Data Protection - Mondaq | The CYDigital Blog | Scoop.it
The Washington Privacy Act (SB 5367) ("WPA"), a bill which received 46-1 support in the Washington state Senate, failed to come to a floor vote in the Washington House of Representatives of Representatives before the April 17 deadline for the Washington state legislative session. Given the near-unanimous support for the bill in the Senate, the bill was expected to pass the Washington House without problem.

The WPA would have been the second comprehensive state act (the California Consumer Protection Act ("CCPA") being the first) to address the issue of consumer data protection. The WPA was modeled on the European Union's General Data Protection Regulation ("GDPR") and used very similar language as the GDPR relating to the expansive definition of "personal data." The WPA also would have given Washington residents very similar protections as those offered to European residents under the GDPR, including giving residents the right to delete data; the right to request that any data errors about the resident be corrected; the right to receive a copy of any personal data collected by a company in electronic format; and the right to withdraw consent from the processing of any personal data. In addition, companies would have been required to conduct risk assessments of their processing of consumers' personal data and to ask for the affirmative consent of consumers before processing their data in ways that posed a high risk of privacy harm.

The bill reportedly ran into trouble after privacy advocates pushed the Washington House to strengthen the bill. Ultimately, several issues proved too difficult to get past. One key issue that involved the bill's approach to the regulation of facial recognition software. One amendment would have imposed stricter controls on the use of facial recognition software including companies to obtain consent prior to the use of the software which many found objectionable.
CYDigital/marteq.io's insight:

Why didn't it pass? Not strong enough.

 

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Council Post: Consumer Data Privacy: Why We Need A (Single) Federal Law - Forbes

Council Post: Consumer Data Privacy: Why We Need A (Single) Federal Law - Forbes | The CYDigital Blog | Scoop.it
The transition to GDPR in Europe has prompted the discussion of consumer data privacy regulation in the U.S. First moves came in the form of the California Consumer Privacy Act (CCPA), formally adopted in June 2018, now set to become law throughout the state on January 1, 2020.

The CCPA makes it easier for consumers to file lawsuits against companies in the event of a data breach and also empowers the California attorney general’s office to levy fines against companies that don’t follow the new stipulations. And because the CCPA is retroactive -- in that companies must identify consumer data sold in the 12 months running up to January 1, 2020 -- it’s imperative for organizations to make immediate preparations.

And here’s what the industry needs to know about that scenario: When it comes to compliance, one federal law is what we need. For organizations transacting with consumers in the digital space, having to comply with 50 distinct data privacy laws would amount to a logistical nightmare, crippling efficient operational processes and causing the user experience to suffer.
CYDigital/marteq.io's insight:

The CCPA is not enough to force the Feds hand, but as more states adopt the basic tenets, watch it snowball.

 

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The American Data Dissemination Act (FTC-ADDA)

The American Data Dissemination Act (FTC-ADDA) | The CYDigital Blog | Scoop.it
Sen. Marco Rubio has introduced federal data privacy legislation entitled the American Data Dissemination Act (FTC-ADDA). The FTC-ADDA would require the Federal Trade Commission to submit detailed recommendations for privacy requirements that Congress could impose on various companies. If Congress fails to act on the recommendations within two years, Rubio’s bill would enable the FTC to put into effect its own rules. In short, Rubio’s bill puts the FTC in the driver’s seat on the long journey to data security.
CYDigital/marteq.io's insight:

The States will force the hand of the Congress to take action, so we're closing in on federal legislation.

 

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Will the US Adopt a National Privacy Law?

Will the US Adopt a National Privacy Law? | The CYDigital Blog | Scoop.it
Recently, however, the industry has started to rethink that view. As abuses of data by major tech companies have come to light, Silicon Valley leaders have come to fear that data privacy legislation may be inevitable and have moved from a posture of opposing all legislation to seeking to shape the new regime. At the same time, the nation's first state-level generally applicable data privacy law, the California Consumer Privacy Act (CCPA), is scheduled to take effect in 2020. Several other states have proposed similar data privacy laws, causing businesses to grapple with the fact that they may shortly need to comply with a patchwork of complicated and conflicting state-level regulations.

CYDigital/marteq.io's insight:

It's coming, which means a real shift in thinking. Make the shift now.

 

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Get paid for your data? California weighs landmark tech law

Get paid for your data? California weighs landmark tech law | The CYDigital Blog | Scoop.it
During his State of the State address last month, California Gov. Gavin Newsom made a brief, if bold, promise.

“California’s consumers should be able to share in the wealth that is created from their data,” said Newsom, who went on to add that his team was working up a proposal for what he called a "data dividend." 

The term was simple, self-explanatory and puzzling.

A law that would compensate consumers for the use of their data by tech monoliths such as Google and Facebook, who make billions off this information, is so novel it would be a national and indeed global first.

But as appealing as a data dividend might sound, data privacy experts say it is far more easily announced than implemented.
CYDigital/marteq.io's insight:

CYDigitial has started discussions with the State of CA about this program.

 

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Total Reinsurance Capital Drops in 2018, but Alternative Capital Keeps Rising: Willis Re

Total Reinsurance Capital Drops in 2018, but Alternative Capital Keeps Rising: Willis Re | The CYDigital Blog | Scoop.it
Sen. State Sen. Hannah-Beth Jackson, D-Santa Barbara, introduced Senate Bill 561. Her bill would expand a consumer’s rights to bring a civil action for damages.

Companies that collect personal information should be paying close attention to SB 561, according to Anne Kelley, a partner in the Walnut Creek, Calif. law office of Newmeyer & Dillion, who practices in construction litigation and insurance coverage matters.

“It would really open the doors for litigation under the CCPA,” Kelley said.

The current version of the CCPA, set to go into effect in 2020, enables a limited private right of action. Individuals can bring a lawsuit if there’s been a data breach and a company isn’t using reasonable security measures to protect information being gathered. If SB 561 passes as it’s currently worded, then any violation of CCPA will give individuals a private right of action.
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Sen. Rubio Introduces Data Privacy Bill

Sen. Rubio Introduces Data Privacy Bill | The CYDigital Blog | Scoop.it
Sen. Marco Rubio (R-Fla.) has introduced a bill, the American Data Dissemination Act, regulating the collection and use of personal data. It would apply the general outlines of the 1974 Privacy Act, which dealt with government record keeping, to private companies data practices.

"[T]he bill provides overdue transparency and accountability from the tech industry while ensuring that small businesses and start-ups are still able to innovate and compete in the digital marketplace," Rubio's office said. 
CYDigital/marteq.io's insight:

This is a match to the House initiative, which means reconciliation, the Committee work, then voting. In other words...IT'S COMING!

 

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