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CCPA Puts Consumers in Charge and the Regs Should Too - MarTech Series

CCPA Puts Consumers in Charge and the Regs Should Too - MarTech Series | The MarTech Alert | Scoop.it
In the latest modifications, however, the draft regulations could have explained more about one critical component. The law clearly puts consumers in charge of whether or not they opt-out of the sale of their information. But the most recent modifications to the regulatory language introduce certain ambiguity that some read as empowering third parties to make that choice for them, including a small group of browser operators. 

In the latest modification, the AG issued earlier this month, however, that last sentence was struck. On first reading, some privacy advocates and others, including myself, misread that to mean that the current “Do Not Track” settings would become the defacto “Do Not Sell” settings and have the power of law. On second reading that doesn’t seem to be the case because a prohibition on tracking and a prohibition on selling are two different things. 
CYDigital/marteq.io's insight:

This will shortly be addressed by CA.

 

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Republican COVID-19 Privacy Bill Draws More Criticism - MediaPost

The COVID-19 Consumer Data Protection Act, introduced Thursday would generally require companies to obtain people's express consent before gathering data health, device, geolocation, or proximity, in order to trace the contacts of people diagnosed with the virus.

The bill also would require companies to either delete or “de-identify” all personally identifiable information when it is no longer being used for the COVID-19 outbreak.

Sponsors say the measure “would provide all Americans with more transparency, choice, and control over the collection and use of their personal health, device, geolocation, and proximity data,” and “hold businesses accountable to consumers if they use personal data to fight the COVID-19 pandemic.”

But critics say the proposed legislation has some broad exceptions that could undermine people's privacy. One of the biggest, according to advocacy group Free Press, is that the measure exempts employers from its mandates.
CYDigital/marteq.io's insight:

Pro or con, the legislation is yet another example as to how corporate privacy protection technologies and processes need to adapt on an ongoing basis. 

 

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New report shows consumers want privacy, are unaware of new data privacy regulations - Yahoo News

While 89% of consumers say data privacy is important, more than half (55%) are unaware of any data privacy regulation, according to a new study by Integral Ad Science (IAS), the global leader in digital ad verification. In the past two decades, the ability to collect consumer data online has revolutionized the field of digital advertising, but new privacy regulations in the US and worldwide have begun to restrict certain targeting strategies. To find out more, IAS surveyed 1,093 US consumers on their perceptions of targeted digital advertising practices and data collection.

A majority of consumers say they are taking responsibility for securing their data; 53% of consumers hold themselves most accountable for keeping their personal information secure, with only 36% holding websites and apps most responsible, and just 10% holding the government most accountable. More than half of consumers have taken action to help limit data collection when they are online, such as clearing their browser history or using a private or "incognito" window. Just 39% responded that they have used an ad-blocker while browsing online.
CYDigital/marteq.io's insight:

The lack of awareness of data privacy legislation is a government marketing problem, and not pertinent. What is important: that over half of consumer hold themselves responsible for keeping their information secure! This is a strong base to support the notion that consumers want to take some action to keep their information secure, so offering them the opportunity to capture and control all of their behavioral data will be well received.

 

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New CA Privacy Rights Act CPRA Makes 2020 Ballot - National Law Review

New CA Privacy Rights Act CPRA Makes 2020 Ballot - National Law Review | The MarTech Alert | Scoop.it
The organization known as Californians for Consumer Privacy announced yesterday that it successfully secured enough signatures to qualify adding the California Privacy Rights Act (“CPRA”) to the state’s November 2020 ballot.  The group’s founder Alastair Mactaggart is a well-know public figure who was the driving force behind the infamous California Consumer Privacy Act of 2018 (the “CCPA”), which just went into effect in January.  We previously reported on the latest CCPA developments and litigation trends at length here. 

As of yesterday, over 900,000 signatures were secured from Californians, and still counting.  

The CPRA was introduced in order to amend the CCPA—the law, which has been widely criticized for its overbroad definitions, ambiguous language, and overall lack of clarity.  The CPRA, therefore, aims to expand the privacy rights of California residents and to further increase the companies’ compliance obligations.  
CYDigital/marteq.io's insight:

More forthcoming! Please click through to see the details.

 

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Consumer Data Privacy: What SMB Owners Must Know - Business.com

Consumer Data Privacy: What SMB Owners Must Know - Business.com | The MarTech Alert | Scoop.it
One of the conclusions that can be drawn from this legislative activity, and one of the most significant trends in 2020 is that privacy will become a business differentiator. That means that the health and reputation of a business will now in large part factor in its ability to protect individual personal data and to guard against potential data hacks. 

Consumers themselves support this notion, as more than 80% of those surveyed say that they have become increasingly aware of how businesses are using their personal information, and 75% admit that they have become less likely to trust companies with their personal information over the past year. 
CYDigital/marteq.io's insight:

It includes a quick review of the states that are leading the data privacy charge.

 

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Where federal privacy bill stalls, Covid privacy bill takes shape - Politico

Where federal privacy bill stalls, Covid privacy bill takes shape - Politico | The MarTech Alert | Scoop.it
WHAT’S NEXT FOR THAT GOP-LED COVID-19 PRIVACY BILL? — Senate Commerce Republicans on Thursday announced plans to introduce an online privacy bill targeting companies that are collecting personal information to track the spread of Covid-19, as Cristiano reported for Pros. The move brought some new life to the committee’s stalled efforts to advance data protection rules. Sen. Marsha Blackburn of Tennessee, one of the Republicans behind the push, said she expects the legislation to be introduced as early as next week and for it to move forward outside of another potential coronavirus relief package.

— One early review is in: Public Knowledge is not a fan of the plan. “This bill provides little protection for Americans’ privacy during the COVID-19 epidemic,” said Sara Collins, the consumer group’s policy counsel. “Companies may still profit from selling health information or geolocation data, and are allowed to infer who has been diagnosed with the novel coronavirus.”

FTC’S WILSON: LACK OF BROADER, NATIONWIDE PRIVACY LAW IMPEDES COVID-19 RESPONSE — Without a federal consumer privacy law, companies have had to guess whether data uses related to the pandemic pass muster, FTC Commissioner Christine Wilson said Thursday. “The lack of a federal privacy law has been a hindrance to the response to Covid-19,” she said at an event hosted by USTelecom. “An established federal law would have helped companies know when they are being asked to cross the line.” Companies that are collecting data related to the coronavirus should clearly disclose to consumers what is being collected and when it will be deleted, she said, and pandemic-related data should be segregated from other information.
CYDigital/marteq.io's insight:

This pertains to U.S. Senate legislation to be introduced shortly regarding what data can be collected during the pandemic. Critics respond that it weakens existing FTC regulations. FWIW: for now, legislation at the state level usurps anything done at the federal level.

 

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2019 Consumer Data Privacy Legislation - NCSL

2019 Consumer Data Privacy Legislation - NCSL | The MarTech Alert | Scoop.it
This web page discusses consumer data privacy legislation in the 50 states.
CYDigital/marteq.io's insight:

It's through the beginning of 2020, but it's a good starting point (note that many privacy legislative actions at the state level have been put on hold due to the pandemic). Also see https://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-related-to-internet-privacy.aspx.

 

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