Colleen Barry’s Post

While you've probably seen plenty of talk about what the "first tranche" of changes to the Privacy Act leaves out, see (https://hubs.li/Q02PWSTF0 / https://hubs.li/Q02PWXtT0) I think it's equally as important to acknowledge the positive changes that have been brought forth, and celebrate the fact that such long awaited change is finally at hand. In my view, the positives include: ▪️ The new tort rights created in the amendment increase greatly the risk of litigation with the take away being that businesses now face a greater risk of being sued for privacy breaches. ▪️ With new penalties and stricter standards at stake, organisations that get it wrong can be sued, creating an obvious incentive for all businesses to be more proactive about data responsibility. ▪️ The principles of specific protections for the data of minors lay the groundwork for how we should be thinking about how all people's data is used, specifically in AI tools. Just as we should be protecting the data of under 18s, adults should have the option to opt-in to data usage as well. Stay tuned for more updates from Team RecordPoint, with full analysis coming soon.

In a significant development this week, House & Senate Committee Chairs Rodgers and Cantwell unveiled a bipartisan, bicameral, discussion draft of a new proposal, the American Privacy Rights Act (APRA). A previous attempt, the American Data Privacy and Protection Act (ADPPA), did not bear fruit. The U.S. does not have a federal data protection and privacy statute and many states continue to pass their own privacy laws creating associated compliance costs. The APRA includes requirements on data minimization, a private right of action, executive responsibility, opt-out rights to a company’s use of algorithims to make decisions about certain issues and mandates strong data security standards. Still a long way ahead, however, this represents a great opportunity for a national data privacy and security standard in the U.S.

Vermont’s landmark privacy bill killed as legislature fails to override veto. Why it matters: 1. A comprehensive state data privacy bill in Vermont has been thwarted after the Senate sustained the governor’s veto. It could have been one of the country's strongest privacy laws, especially for including individuals' right to sue companies for privacy breaches, a provision that no state or federal law has. 2. Governor, Phil Scott, argued the bill, including a private right of action and the regulation of internet content for children, would put a high burden on businesses and create competitive disadvantages for small and mid-sized businesses in the state. 3. The rejection of the bill sheds light on the vast lobbying power of the tech industry against such reforms. Despite its failure, advocates vow to continue fighting for robust privacy protections as part of a broader national conversation on data security. Learn more by visiting The Record from Recorded Future News: https://lnkd.in/ekvUKRJX

🚨Client Alert: A bipartisan, bicameral legislative proposal to create a federal comprehensive #dataprivacy framework may be back on the table in the United States. If enacted, the American Privacy Rights Act (APRA) would create a comprehensive federal data privacy regime granting all Americans certain rights regarding their personal data. Read more about the proposed legislation in this client alert by Cozen O'Connor's Technology, Privacy and Data Security group's Daniel B. Kilburn and Benjamin Mishkin and Cozen O'Connor Public Strategies' Meagan Foster and Madison Smith: https://lnkd.in/ejAkFqpQ #legalnews #congress #privacyrights #datasecurity

Last week, Colorado passed children’s privacy and artificial intelligence bills. Vermont passed a consumer data privacy bill, Maryland’s consumer data privacy and AADC bills were signed into law, and Minnesota is on the cusp of passing a consumer data privacy bill. Read the most recent advancements in state privacy legislation for 2024 through Husch Blackwell's weekly updates: https://lnkd.in/gzz2YYwV #privacy #dataprivacy #legislationupdate

Are Our Data Rights in Danger with Vermont’s Veto? Vermont’s Governor Phil Scott has vetoed a key data privacy bill, sparking concerns about the future of data protection. As technology evolves, the need for stringent privacy laws becomes more urgent. Explore what this means for your data rights. Find out more: https://lnkd.in/dzRigMKe #EthicalTech #PrivacyLaw #DataEthics

Is Vermont Falling Behind on Data Privacy? Governor Phil Scott’s veto of a crucial data privacy bill raises questions about the state’s commitment to protecting personal information. In a digital age, robust data protection laws are essential for safeguarding our rights. Discover the impact of this decision. Read more here: https://lnkd.in/dzRigMKe #EthicalTech #PrivacyLaw #DataEthics

🌴 Navigating Florida's Data Privacy Landscape with Ease 🔐 The Florida Digital Bill of Rights (FDBR) has been reshaping data handling practices since July 2024. Is your business up to speed? Our blog unpacks the FDBR: ▪️ Key provisions simplified ▪️ Consumer rights explained ▪️ Practical compliance strategies At Secure Privacy, we specialize in making data protection straightforward. Our consent management platform is designed to keep you effortlessly compliant with evolving laws like the FDBR. 🔗 Discover how to simplify your compliance: https://vist.ly/3mhcjnu 🤝 Let's make data protection easier together #FloridaPrivacyLaw #FDBR #DataCompliance #SecurePrivacy

My CCI article highlights the importance of Big Tech enhancing transparency in the face of advancing state privacy legislation. With the recent APRA draft, many are hopeful for progress on a federal data privacy. Until then, it's crucial for companies to prioritize transparency. #DataPrivacy #TechTransparency #StateLegislation #DigitalRights #dataprotection Link to the article:

It's encouraging to see lawmakers making progress on critical data privacy legislation. The bipartisan agreement between Senator Maria Cantwell and Representative Cathy McMorris Rodgers marks a significant step forward in protecting consumers' rights and giving individuals more control over their personal data. This draft bill not only addresses the need for transparency and accountability in data use, but also empowers consumers to opt out of targeted advertising and enforce their privacy rights through strong enforcement mechanisms. The creation of a Federal Trade Commission bureau focused on privacy is a much-needed addition to the landscape of data protection in the digital age. This is a promising development for privacy advocates, businesses, and consumers alike—ensuring that data security and ethical practices are prioritized. Looking forward to seeing the positive impact this legislation could have on safeguarding personal information! https://lnkd.in/eQrDWbED