The IAPP article, “US federal privacy preemption part 1: History of federal preemption of stricter state laws,” written by Alston & Bird Senior Counsel Peter Swire and published on January 9, 2019, discusses the potential for a general U.S. privacy law and whether and to what extent this new federal law would “preempt” state privacy […]
Legislation
Michigan Enacts Insurance Data Security Model Law
Michigan enacted the Michigan Data Security Act on December 28, 2018, imposing stringent cybersecurity measures on any person (individual or corporate) licensed by the Michigan Department of Insurance and Financial Services. Based on the 2017 NAIC data security model law and nearly identical to the South Carolina Insurance Data Security Act, the Michigan statute will […]
Governor Jerry Brown Signs Amendment to the California Consumer Privacy Act
On September 23, 2018, Governor Jerry Brown signed SB 1121, the amendment to the California Consumer Privacy Act (CCPA). SB 1121 attempts to clean up some drafting errors and ambiguities in the original legislation (AB 375), but it also effectively reduces the procedural obstacles to the CCPA’s private right of action by removing the requirement […]
India’s Draft Data Protection Bill: Another GDPR Around The Corner?
India recently introduced the Personal Data Protection Bill 2018 (“Bill”). The transfer of personal data in India is currently governed by the SPD Rules (Sensitive Personal Data and Information, 2011), which is however considered outdated and not fully protective of personal data. The Bill comes as a result of the country’s Supreme Court recent judgment […]
An Update on the California Consumer Privacy Act and Its Private Right of Action
While it remains to be seen what the final text of the California Consumer Privacy Act (CCPA) looks like when it is ultimately implemented on January 1, 2020, at present it seems likely that businesses and employers can expect an influx of lawsuits from individual consumers proceeding under the CCPA’s private right of action. Under […]