One of today’s litigation hot spots has its roots among the cobwebs of ancient data privacy law. The United States today has a patchwork of national data privacy laws, all of which deal with sectors, be it ages of data subjects (like the Children’s Online Protection Act), healthcare patients (the Healthcare Insurance Portability and Accountability Act), and financial customers (the Gramm-Leach-Bliley Act). These laws were all passed before 2001, there has never since been a single comprehensive national data privacy act, and the proposed American Data Privacy and Protection Act has languished in fights about preemption.
We do have precedent for fast action in data privacy laws. The first true national data privacy law – one that required explicit opt-in for sharing of personal data – sailed through the Capitol in one year, in 1987-1988, by a bipartisan vote. Congress only needed the right motivation:
Continue Reading Don’t Forget to Rewind: Replaying Video Privacy Laws.