Individual Data Privacy and Security An omnibus federal privacy bill known as the American Data Privacy and Protection Act [H.R 8152] has received bipartisan congressional support and represents a major step forward in its two-decade effort to enact a federal data privacy and security framework. One obstacle is the view of Congresswoman Nancy Pelosi that the proposed law may pre-empt California’s existing privacy laws. Another obstacle to passage is whether or not a private right of action is included. Data Breach Following the massive data breach at Target and media attention on data privacy, there was an initial increase in efforts to create a federal data breach notification law Senator Patrick Leahy (D-VT) first introduced a legislative proposal over a decade ago and has continued to reintroduce it but has yet to get it passed. In the meantime, enactment of the CCPA, CPRA and other copycat state data privacy laws may add momentum to efforts at the federal level to find a comprehensive law that enhances privacy rights for individuals and lessens the compliance burden on businesses. While we can hope for a comprehensive federal data privacy and security law businesses must be prepared for the multiple consumer requests for data access or deletion and implement reasonable data security programs to avoid the likely lawsuits to come under the CCPA private right of action. Congress has had difficulty getting any legislation passed, which does not bode well for any comprehensive federal data privacy or breach notification laws. In the absence of a comprehensive federal data breach notification or other federal data privacy and security law, businesses will have to continue to consider the patchwork of state and federal laws discussed in this Guide.
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