Exterro's E-Discovery & Privacy Breakdown

The world of E-Discovery & Privacy is constantly changing – let us break it down for you with a weekly dose of News, Resources, Case Law, and Humor, all written in a concise and easy to understand format.

< BACK TO ALL STORIES

Data Privacy Alert: The First Comprehensive Data Privacy Bill of 2021

Created on November 23, 2021


E-Discovery Market Analyst at Exterro

This proposed federal bill would create protections for the processing of sensitive personal information. For the collection, processing and sharing of non-sensitive information, meanwhile, companies would be required to allow consumers to opt out at any time.

Overview

The Information Transparency and Personal Data Control
Act became the first piece of comprehensive privacy
legislation introduced in the 117th U.S. Congress.
Its sponsor is Rep. Suzan DelBene, D-Wash. The bill
appeared less than two weeks after Virginia became the
second state, following California, to pass comprehensive
privacy legislation.

Download the Data Privacy Alert Here!

Need to Know Information

  • ENFORCEMENT: The bill grants enforcement authority to both the FTC and state attorneys general. Notably, it does not include a private right of action. Where the FTC does not act within a 60-day period of discovering or being notified of a violation, the bill would enable any state attorney general to bring an action on behalf of their state’s residents in U.S. district court. Both the FTC and state attorneys general would be required to notify the controller of the alleged violation(s) and give them 30 days to “cure” non-willful violations before commencing an enforcement action.
  • FURTHER PROVISIONS: Notably missing from the bill are provisions providing users with rights to access, correction or deletion. Such rights are included in the EU General Data Protection Regulation, California Consumer Privacy Act, California Privacy Rights Act and many other privacy laws.

Expert Analysis from Matt Dumiak, Director Privacy Services, Compliance Point

This proposed bill is a great chance for the federal legislators to get a national data privacy bill across the  finish line. While a good start, this bill which is described as bringing our laws into the 21st century, lacks key provisions that we commonly see in both state and international data privacy laws including consumer rights surrounding all of their personal information as well as obligations for businesses to only collect and process personal information for specific and disclosed reasons.
It is obvious the whirlwind of state level data privacy proposals is getting the attention of the federal legislators, which is the point of many of these state proposals, and businesses should keep a close eye on this legislation to see how it progresses to avoid any surprises in the coming months.

Data Privacy Tip

For more information about current US privacy regulations, visit Exterro's Interactive Map of State Privacy Laws.