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The Ranking Member of the House of Representatives’ Energy and Commerce Committee, Cathy McMorris Rodgers (R-WA) wants to call the American Data Privacy Protection Act (ADPPA) (H.R. 8152 ) a “landmark achievement” because, if enacted, it would be the United States’ first comprehensive federal privacy law; it would be the product of an unusual bipartisan and bicameral Congressional effort; and it would usher in a new federal right to privacy for all U.S. citizens relating to their data regardless of their state of residency. On June 3, 2022, the ADPPA was presented as a discussion draft; on June 14, 2022, the House Committee of Energy and Commerce held a three hour hearing entitled “Protecting America’s Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security” and heard from over 10 data privacy and cyber security experts; on June 23, 2022, the Consumer Protection and Commerce Subcommittee held an open markup session on the ADPPA forwarded the Bill (as amended) to the full Committee by a unanimous voice vote.
By John Beardwood and Shan Arora
Part One In a Series
This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.
By Angela Matney
In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.
By Kyle Fath, Alan Friel, Shea Leitch and David J. Oberly
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
By Rich Hale
Unstructured data comprises 80% of total data volume for legal organizations, which means that on average, only one-fifth of the entirety of the data set is properly secured and actively managed. Although some believe that ignoring unstructured data establishes plausible deniability that relinquishes them from culpability when a breach occurs, it’s an untenable position from both a regulatory and brand reputational perspective.