Democratic senator introduces data protection law
Senator Catherine Cortez MastoCatherine Marie Cortez Masto Infrastructure bill gives first responders a boost, wildland firefighters Senate Democrats call for diversity among new Federal Reserve presidents Nevada becomes first Senate battleground MORE (D-Nev.) Introduces legislation to strengthen data privacy protection for U.S. consumers.
The Digital Accountability and Transparency to Advance Privacy Act would apply standards to all data collection, processing, storage and disclosure, including for legitimate business or operational purposes.
The legislation would also prohibit businesses from discriminating against consumer data and engaging in deceptive data practices.
Consumers would have the right to request, dispute, transfer or delete data collected about them without compensation.
The law would require businesses to let consumers opt out of most personal data collections and require their consent for sensitive information, including precise health and geolocation data. Voluntary consent would also be required for the use of data for purposes outside the direct business-consumer relationship.
Companies that collect, store or process data on more than 50,000 people per year would be impacted by the legislation.
Covered companies that earn more than $ 50 million per year would also be required to designate a privacy officer to set standards and train staff.
“Big tech companies shouldn’t be collecting mountains of consumer data without their knowledge and consent,” Cortez Masto said in a statement.
The Nevada lawmaker’s bill comes as lawmakers struggled to secure a federal standard of finish line confidentiality despite years of promises.
It also provides a different angle on how to address some of the biggest problems facing big tech companies like Facebook, now renamed Meta, without getting into the thorny debates about limiting speech.
Previous data privacy bills got stuck on two key questions: whether federal executives should prevail over state law and whether individuals should have the right to sue for breaches.
Cortez Masto’s bill cedes some ground to Republicans who objected to individuals suing for fear of crippling businesses in court, giving enforcement power to the Federal Trade Commission and prosecutors generals of states.
It does, however, maintain the line of preemption, allowing states to define more rigid frameworks if they wish. Business groups have long opposed a federal framework to serve as a bedrock for data privacy, arguing that letting states add rules would create a patchwork of requirements that would hinder businesses.
Businesses are already required to comply with the California Consumer Privacy Act and the European General Data Protection Regulation, as well as upcoming rules in Virginia and Colorado.