Nader Henein’s Post

This spring has been busy for the US Privacy landscape between the new state privacy bills (and laws) and the US House E&C holding a hearing on the proposed American Privacy Rights Act draft (along with a cornucopia of child related privacy proposals.)  The FTC proposed updates to COPPA recently (January) moving the ball forward on the 2022 law, and the first amendment continues front and center in the discussion of kids privacy laws with recent SCOTUS oral arguments.  While much of the press has been focused on the APRA, reading some of the reports and transcripts of the April 17th hearings, it seems more likely that any APRA version enacted (and that’s an IF) is unlikely to be a panacea and rather another entry in the fray of fractured privacy law in the US.   #Privacy https://lnkd.in/g_KghAhy

#NEW🚨: On January 16, New Jersey became the 13th U.S. state to adopt a comprehensive privacy law (NJ S332). FPF’s Jordan Francis highlights 8 unique provisions that set this law apart from others in the U.S. state privacy landscape: 1️⃣ Private Right of Action Confusion 2️⃣ Data Protection Assessments Prior to Processing 3️⃣ Thresholds for Applicability 4️⃣ Rulemaking 5️⃣ Ambiguity on Authorized Agents and UOOMs 6️⃣ Adolescent Privacy 7️⃣ Expansive Definitions of Sensitive Data and Biometric Data 8️⃣ Expanded Right to Delete Additionally, NJ S332 bears a strong resemblance to laws following the Washington Privacy Act framework, particularly in Delaware, Oregon, & Colorado. Get an in-depth understanding in this new post on the FPF Blog: https://lnkd.in/eyXdu4Jt #stateprivacy #newjersey

For everyone interested in kids' #privacy, this panel on Thursday, March 7 will be tough to beat! Jessica Cohen will be moderating a panel with Allison Lefrak, Bailey Sanchez, Andrew A. Kingman, and Chris Marchese on what's coming next in children's privacy law. Registration link and more info is below. Organized via ABA Antitrust Law Section - Privacy and Information Security (PRIS) - come join us to get more involved! Children's Privacy - What You Need to Know Now and Into 2024 https://lnkd.in/ePiV7TRk At the federal and state levels, efforts to pass children's privacy laws continue to increase. The Federal Trade Commission has undertaken a review of the rules for the Children's Online Privacy Protection Act. States are passing legislation including social media limits, age appropriate design codes, content-filtering, and data use for artificial intelligence. Join us on March 7th at 12pm EST, to hear from an expert panel about the state of children's privacy and what to expect in 2024.  #ftc #coppa

Potential friction between free speech and youth privacy laws: The California Age-Appropriate Design Code Act is under a temporary block from the U.S. District Court for the Northern District of California. It represents a boiling point in a major U.S. legal debate around youth safety laws' perceived conflict with free speech protections. IAPP Managing Director, Washington, D.C., Cobun Zweifel-Keegan, CIPP/US, CIPM, and Legal Intern Anastasia Couch break down how the protections can create friction and how future legislative proposals can avoid it all. Full story #dataprotection #dataprivacy #privacy

Lots going on in California on the #privacy and #dataprotection front! Stay on top of it with the latest update from Susan Rohol, Laura Jehl, Amelia Putnam, and me.

Tomorrow, the House Commerce Committee will mark up the American Privacy Rights Act (APRA). Today, Lawyers' Committee for Civil Rights Under Law and TechNet: The Voice of the Innovation Economy both came out against it for different reasons. The Lawyers' Committee argues that the bill would be better if it retained previously proposed civil rights provisions. TechNet argues the bill would be better if it provided stronger preemption of state laws and allowed for more uses of data than the bill currently allows. They are both correct in my opinion. The civil rights provisions are important and there are ways to allow greater use of data without significant consumer risk exposure to harm. But there is real risk for stakeholders in holding out for something more protective than what's in the bill, meaning no change to current law and the continuation of current practices. There is also real risk for those who want something less data restrictive because the movement of every proposal from year to year is toward greater restrictions. This may be an impossible needle to thread because the evolution of comprehensive proposals has moved so far beyond what industry will accept while simultaneously causing privacy advocates to accept no less than the previous proposal that we are stuck in legislative pickle. That is all particularly unfortunate for the staff that obviously worked very tirelessly on the current draft. Not sure how we ever get to yes given the dynamics we have established but the effort is commendable. #privacy #APRA https://lnkd.in/eEH5XW2T

On April 7, 2024, US Senate Commerce Committee and House Energy and Commerce Committee unveiled the American Privacy Rights Act of 2024 (APRA), a comprehensive privacy bill that, if enacted, would set significant data privacy and security standards. The APRA would largely preempt similar comprehensive privacy laws enacted by individual states in the last few years. The APRA would also provide individuals with a limited private right of action to seek monetary and other relief for certain violations by covered entities. Although the APRA is not likely to pass in the current Congress, the bipartisan effort suggests future comprehensive federal legislation. #dataprivacy

Curious to see what the privacy community thinks about the notion of the First Amendment usurping some privacy laws....what kind of traction does this have? And, are you considering these challenges in your program design? Share your thoughts below, please. https://lnkd.in/gFKNi6Es

Great resource to get an overview of proposed US federal #privacy law, American Privacy Rights Act. There is a long and winding road ahead for this proposal but it represents a significant step towards potentially harmonizing privacy protections for personal information in the private sector. As drafted, it would not apply to all small and medium sized businesses (<$40M revenue, among other factors). IAPP - International Association of Privacy Professionals

I was honored to testify this morning before the House Energy and Commerce Committee concerning the recent bipartisan, bicameral draft privacy legislation, the American Privacy Rights Act (APRA), and various other privacy and kids-related bills. My main messages were straightforward: 1. APRA presents a renewed opportunity to finish the long overdue job of passing a federal privacy law. The need for such a law is clear, and the explosive emergence of AI has only heightened that need. 2. APRA provides a sound framework built on data minimization, non-discrimination requirements, consumer rights, restrictions on data brokers, and effective enforcement. 3. To be sure, APRA will need refinement, from strengthening the protections for kids to clarifying some of the provisions around advertising. But the release of the draft is encouraging. 4. CDT has long advocated for comprehensive federal privacy legislation, and we look forward to continuing to work with legislators from both parties and other stakeholders to help move APRA through the legislative process and (hopefully!) into law.