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  • GREEN LIGHT: NEW DATA PROTECTION LAW LIKELY SOON

    Posted on December 22nd, 2009 admin No comments

    We have all heard the saying, “where there’s smoke, there’s fire.” Well there is certainly a lot of smoke related to pending federal data protection legislation. 

    NAID has been anxiously monitoring a host of events that indicate a national data protection law, potentially preempting states laws, is likely next year.

    • In August, Senator Patrick Leahy (VT-D) introduced the Personal Data Privacy and Security Act of 2009 (PDPSA) that has already passed the Senate Judiciary Committee (which Leahy chairs) and is on its way to the full Senate.
    • The House of Representatives just passed the Data Accountability and Trust Act (DATA). Privacy watchers in D.C. say this increases the likelihood that a comprehensive data protection law will result.
    • An editorial two weeks ago in the New York Times made a strong appeal for the movement on the long over due national data protection law.
    • An article in the Washington Post last week drew reference to the fact that the disposal of hard copy records is just as significant a problem as e-destruction and deserves increased legislative attention.
    • NAID contacts within the FTC are openly saying they anticipate a new national data protection law in 2010.

    The good news is that the language in these laws is very direct about destruction requirements as well as penalties and enforcement.  That being said, NAID believes there is a strong likelihood that special interests will seek to water them down and NAID isn’t taking any chances. The association intends to be as vocal as ever in reminding lawmakers that clear direction and enforcement are essential to effective data protection.

    NAID will likely dedicate some resources to convincing legislators that paper-based breaches be subject to data breach notification provisions—a point that is not as clear as it should be in some of the current language.

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