United States: The Download: Developments In E-Commerce, Privacy, Internet Advertising, Marketing And Information Services Law And Policy

In this Issue:

Heard on the Hill

  • Data Breach Notification Legislation Update
  • Student Privacy Bills Introduced in
  • the House and Senate
  • Senate Committee Leaders Request
  • GAO Study on Health Data Security
  • Senators Introduce Bill to Establish Interim Rules on Drones

Supreme Court Watch

  • Supreme Court Grants Certiorari in Case with Implications for Privacy Litigation

Around the Agencies

  • Federal Communications Commission Holds Broadband Privacy Workshop
  • Federal Trade Commission Takes Action Against Retail Device Tracking Firm
  • Department of Health and Human Services Releases Version 2.0 of Privacy and Security Guidance
  • Department Of Justice Releases Cyber Guidance

In the States

  • Montana Becomes 20th State to Limit Employer Access to Social Media Accounts
  • Washington State Updates Data Breach Law
  • Virginia Becomes First State to Mandate Chip Payment Card Technology for State Agencies
  • Maryland, Florida Enact New Laws Regulating Drones

In the Marketplace

  • Digital Advertising Alliance ("DAA") Announces Enforcement Date for Mobile Guidance
  • Trustworthy Accountability Group ("TAG") Launches Brand Integrity Program Against Piracy

International

  • European Commission Unveils a Digital Single Market Proposal
  • Canada Privacy Commissioner Issues E-Marketing Guidance and Tip Sheet for Businesses and Consumers
  • New Turkish Law Allows Cross-Border Transfer of Electronic Personal Data

Data Breach Notification Legislation Update

Multiple data breach notification bills are currently pending in both houses of Congress. H.R. 1770, the Data Security and Breach Notification Act of 2015, introduced by Representatives Marsha Blackburn (R-TN) and Peter Welch (D-VT) was reported favorably out of the U.S. House of Representatives Committee on Energy and Commerce on April 15, but has yet to reach the house floor.

Also on April 15, Senators Thomas Carper (D-DE) and Roy Blunt (R-MO) introduced S. 961, the Data Security Act of 2015, which sets a minimum data security standard and creates detailed federal breach notification requirements. On May 1, 2015, Representatives Randy Neugebauer (R-TX), Chairman of the U.S. House of Representatives' Committee on Financial Services, and John Carney (D-DE) introduced H.R.2205, the companion bill to S. 961. Senator Mark Warner (D-VA) has announced plans to introduce data security legislation that is expected to receive backing from the retail industry. Senator Warner's bill will be the third data breach bill to be introduced in the Senate this year. Senator Bill Nelson (D-FL) introduced the first bill in January.

On May 14, 2015, the House Committee on Financial Services ("Committee") held a hearing entitled "Protecting Consumers: Financial Data Security in the Age of Computer Hackers." The panel featured representatives from the financial services, retail, electronic transactions, and payment security industries. Topics discussed during the hearing include potential data security and breach notification legislation, payment technology (e.g., EMV, tokenization, encryption), and industry efforts to further protect consumers' financial information. During the hearing, representatives Neugebauer and Carney promoted bipartisan the Data Security Act of 2015.

Please click here to continue read The Download in its entirety

Issue Editors: Stuart P. Ingis, Michael A. Signorelli and Ariel S. Wolf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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