The Fraudian Slip Podcast ITRC - The Possibility of a Federal Privacy Law

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Squire Patton Boggs speak with the Identity Theft Resource Center about the possibility of a discussion draft turning into a federal privacy law

• Many states are taking their own path to data privacy laws because there is no federal privacy law that applies across the nation. However, that could change in the future.
• Both parties on the committees of jurisdiction in the House and Senate are close to a deal. So close that they released a discussion draft of the law.
• In part two of a two-part Fraudian Slip series, the Identity Theft Resource Center (ITRC) sits down with Squire Patton Boggs to discuss the possibility of a federal privacy law, including stumbling blocks, what consumers gain, the likely outcome and more.
• You can learn more about a possible federal privacy law and other topics discussed in the podcast by visiting our company website idtheftcenter.org.
• If you think you are the victim of an identity crime, call the ITRC toll-free by phone (888.400.5530) or live-chat on our webpage to speak with an expert advisor.

Below is a transcript of our podcast with special guests Kristin Bryan and Glenn Brown of Squire Patton Boggs

Welcome to The Fraudian Slip, the Identity Theft Resource Center’s (ITRC) podcast, where we talk about all-things identity compromise, crime and fraud that impact people and businesses. Listen on Apple, Google, Spotify, SoundCloud, Audible and Amazon now. In part two of a two-part series this month, we discuss the possibility of a federal privacy law.

Last week, we discussed the movement to pass comprehensive privacy laws at the state level. Five states have done so already – California, Virginia, Colorado, Utah and Connecticut – with as many as a dozen more working toward the same goal.

Most states are taking their own path to data privacy laws because there isn’t a federal privacy law that would apply across the nation. There have been attempts off and on for decades. However, the efforts have failed because of two reasons.

Now comes word from Washington that the leaders from both parties on the committees of jurisdiction in the House and Senate are close to a deal. They’ve even released a discussion draft of a law. What will it mean if a new federal privacy law is finally adopted?

Back to help us understand the state of play when it comes to federal privacy legislation are two of the nation’s leading privacy attorneys, Kristin Bryan and Glenn Brown from Squire Patton Boggs. Also, as always, we’re joined by the ITRC’s CEO Eva Velasquez to give us the point of view of identity crime victims.

Kristin Bryan, Glenn Brown and Eva Velasquez discussed the following: 

• The two stumbling blocks:
  • Private right of action
  • Pre-emption (i.e., what happens to CPRA)
• What consumers gain
• Different rules for different size companies
• One-stop opt-out
• Breach notice status quo
• ID crime victims comp fund
• Likely outcome

While this may be the last word on the possibility of a federal privacy law, it is not the last time we will discuss it.

If you want to learn more about Squire Patton Boggs views on the latest legal and legislative events related to privacy, visit www.consumerprivacyworld.com.  

If you think you have been the victim of an identity crime or want to avoid becoming a victim, you can speak with an expert advisor on the phone (888.400.5530), chat live on the web or send us an email during our normal business hours (6 a.m.-5 p.m. PST Monday-Friday). Just visit www.idtheftcenter.org to get started. 

Be sure to join us next week when our sister podcast, the Weekly Breach Breakdown, returns.