A Q1 Data Privacy Update: CCPA, COVID-19, and a Federal Law
When the California Consumer Privacy (CCPA) went into effect on January 1, nobody dreamed of the chaos that marked the first three months of the law’s existence. Thanks to the coronavirus pandemic, the world of data privacy has been upended.
To start, the U.S. is waiving potential HIPAA violations so doctors can provide telehealth services through Facebook Messenger and FaceTime. And the White House is talking with tech companies about using location data from Americans’ cell phones to track the spread of the virus.
CCPA Is Still on Track
Even amid the chaos, preparations to finalize the CCPA continue as the July 1 enforcement date looms closer. California Attorney General (AG) Xavier Becerra issued proposed modifications to the rule in February and again in March. As the National Law Review reports, this latest version has fewer changes, which suggests “that the next draft may (finally) be final!”
Talks of a Federal Law Continue
Back in Washington, D.C., legislators continue to propose differing versions of an “inevitable” federal privacy law. But two key issues appear to be preventing a consensus:
- Should the federal privacy law preempt states’ law? (Note: On February 25th, the California AG asked lawmakers to “favor legislation that sets a federal privacy-protection floor rather than a ceiling.”)
- Should consumers have the right to sue companies for alleged violations?
The table below outlines the key federal proposals, including their stand on these two issues:
The Time to Act Is Now
Last October, IDX questioned whether or not the CCPA would be a catalyst for a federal privacy bill, stating it was “time that the U.S., its legislature and regulators, steps up to providing its citizens with strong privacy protections in the age of Google and Facebook… While CCPA takes California residents a long way toward that, this really should be something that residents of all states can rely on. Therefore, it should be the responsibility of our federal government to enact legislation that isn’t watered down.”
Six months later, our personal data is at even greater risk. The time for a strong federal law is now.
Stay tuned to our blog for the latest on the CCPA, a federal privacy law, and all things data privacy.
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