CCPA was just the tip of the iceberg…
More States Enter the Privacy Legislation Space
Vermont and California may have been the first states to pass and enact legislation creating “new consumer rights relating to the access to, deletion of, and sharing of personal information that is collected by businesses,” but they’re by no means the last.
Some states are creating legislation that’s fairly similar to CCPA. In Washington State, the State Senate just passed a bill giving residents new rights over the collection and use of their data, including the right to opt-out of targeted advertising. MediaPost reports that “The bill gives residents the right to access data about themselves, correct errors, delete the information, and opt-out of having their data used for ad targeting and profiling.”
Other states are taking on consumer protection in very specific instances. Recent developments include New York’s adoption of Privacy and Security regulations focused on schools and school vendors. JD Supra reports that the New York State Department of Education is moving forward with regulations that “require school districts and state-supported schools to develop and implement robust data security and privacy programs to protect any personally identifiable information (“PII”) relating to students, teachers and principals.” Each school will provide a Parental Bill of Rights, designate a Data Protection Officer (DPO), along with other additional stipulations.
Iowa hopes to tackle privacy from another direction, with a bill intended to create a sort of statute of limitations for social media posts. State Senator Zach Nunn is pushing for a “right to be forgotten act,” which the Gazette reports is intended to “authorize Iowans to request that certain content be removed from the internet.” The content would not be purged if “include information related to criminal convictions, litigation relating to a violent crime or a matter that is of significant public interest.”
Not All Look Forward
Not all states are moving in the right direction. Tennessee currently made news for selling PII. Fox17 Nashville discovered that the state’s Department of Safety and Homeland Security, which oversees and regulates driver’s licenses, sells resident information to the tune of $1,000,000 in annual revenue. The article notes that Tennesseans are notified of the collection when they apply for licenses: “wedged in the middle of the form is a question asking for consent to release your personal information from your driver's record. Although you can refuse to give consent for release when it comes to ‘individual lookup’ or for ‘mailing advertising,’ Tennesseans cannot block release for other reasons.” And though there’s an opt-out option on the form, it’s a bit misleading. Fox17 Nashville found that residents actually have to go to each of the five companies buying their data and opt-out individually because the opt-out covers people buying data, not companies.
What's Next in Privacy Legislation?
With various states enacting their own take on CCPA, it’s possible the landscape will become tangled and confusing. But another solution could be on the horizon. At least one U.S. Senator wants to make it easier for everyone. TechCrunch reports that Senator Kirsten Gillibrand is putting forth a bill to “create a U.S. federal data protection agency designed to protect the privacy of Americans and with the authority to enforce data practices across the country.”
While having one institution and set of regulations would be easier to navigate than 50, we know when it comes to data privacy, the arena is complex and ever-evolving. As other states begin to explore their own privacy acts, how do businesses navigate this new landscape? Increasingly the capability to resolve identity is essential to meeting the demands of consumers and regulations. That’s why at FullContact, we promise to stay ahead of the curve as we proactively review upcoming legislatures and ballots nationwide to help guide our thinking in helping make the process easier for you and your customers
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