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New York Gov. Andrew Cuomo's executive budget proposal includes plans for a comprehensive data privacy law that echoes many of the provisions already put forth in the California Consumer Privacy Act (CCPA). But rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, a New York regulation could place even more strain on corporate legal departments attempting to get a handle on compliance.
Details of the proposed legislation were included in a New York State Department of Financial Services (DFS) document titled "Report on Investigation of Facebook Inc. Data Privacy Concerns" that was published on Feb. 18, 2021. As proposed by Cuomo, the New York Data Accountability and Transparency Act (NYDATA) would establish a Consumer Data Privacy Bill of Rights giving New York residents the right to control, access and delete any information an organization has collected from them. The act would also require companies to disclose the reasons why they collect data and limit their collections activity to that express purpose.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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