October 14, 2021
Reporting on the recent Senate Committee hearings on privacy, Communications Daily
cited Kelley Drye’s Jessica Rich
as saying she wouldn’t want cyber negotiations to hold the difficult process of negotiating a privacy law. Enacting a data security law on its own would substantially improve data protection, she said.
After the hearing, Cantwell noted that then-Chairman John Thune, R-S.D., tabled cyber discussions to focus on privacy. They’re both complex, but there has been a lot of commonality from members, said Cantwell. She also noted a lot of agreement from witnesses. Wicker asked witnesses if they agreed a preemptive privacy law isn’t necessarily weaker than existing state laws. The witnesses agreed, with Rich saying the federal standard needs to be strong.
Data security laws should cover biometric data, said Rich. Aside from the FTC Act and partly the Health Insurance Portability and Accountability Act, there’s no federal law mandating security for biometric data, she said.
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