Page 11 - March-April-CBA-Report

Many other states, including Alaska, Massachusetts, Minnesota, New York, North Carolina, South Carolina, and Tennessee, also have consumer privacy bills currently pending in their state legis- latures which carried over from the 2021 legislative cycle.
While Ohio introduced a consumer privacy bill of its own in mid-2021— known as the Ohio Personal Privacy Act (“OPPA”)—this legislation was pulled from committee consideration at the end of last year to allow lawmakers more time to digest the bill. Just recently, however, the Ohio House Government Oversight Committee voted the
Politico and Morning Consult showing that over half of Americans support federal privacy legislation.
Practical Compliance Tips
While the California, Virginia, and Colorado laws all share common privacy principles—including consumer rights relating to access, correction, deletion, and opt-outs—each also contains their own unique nuances, which poses signifi- cant challenges for broad, comprehensive compliance. In addition, the myriad of other states currently considering similar legislation will only add greater complexity
Importantly, Ohio businesses—espe- cially those that maintain operations both within and outside the borders of the Buckeye State—should not wait for new consumer privacy laws to be passed, but instead should take proactive steps to formalize and build out their consumer privacy compliance programs at this time. This can be achieved by implementing the overarching privacy principles that are common threads in today’s consumer privacy regulation, including privacy policies, notices, procedures for satisfying consumer rights requests, and “reason- able” data security measures.
Ultimately, for all orga- bill out of committee. In 2022, the likelihood of a federal consumer nizations that currently
It remains to be seen whether the legislation will successfull make its way through the rest of the legislative process and into law in 2022.
privacy law being enacted is significantly higher as compared to years past...
utilize consumer data—or are considering doing so in the future—the best course of action is to speak with expe- rienced counsel to determine the necessary policies, proce-
At the federal level, Congress’s lack of success in enacting a federal consumer privacy law in prior years will not deter lawmakers from continuing to push for a federal privacy regulatory framework in 2022. In prior years, attempts to enact a federal privacy law have died on the vine due to differences in opinion regarding preemption and whether a law of this nature should include a private right of action or, alternatively, place enforcement powers in the hands of federal administra- tive agencies.
In 2022, the likelihood of a federal consumer privacy law being enacted is significantly higher as compared to years past, with greater calls from both lawmakers and consumer privacy advo- cates for uniform, consistent federal privacy legislation that would apply across all 50 states. One indication that this year may, in fact, be the year that privacy regu- lation is implemented at the federal level pertains to the unlikely coalition that has formed between the U.S. Chamber of Congress and local businesses in 20 states, which issued a letter to Congress in January imploring the importance of enacting a federal consumer privacy law.
At the same time, there is also growing consumer awareness and concern regarding the need to protect the privacy and security of their personal data, as indicated by a January poll conducted by
to the growing patchwork of state compli- ance obligations in the event any of these bills make their way into law.
Businesses that fall under the scope of the CPRA, VCDPA, or CPA should monitor for developments relating to these new laws—especially as it pertains to draft implementation regulations— to ensure their compliance programs remain aligned with any future modifica- tions made to these statutes prior to their respective effective dates.
At the same time, businesses should also track developments relating to pending legislation as well to ensure they stay abreast of any new compliance requirements that may arise during the 2022 legislative cycle.
dures, and practices that need to be in place to satisfy the full range of current and anticipated consumer privacy compli- ance obligations and to properly manage potential risk.
Oberly is a Senior Associate in the Cincinnati office
of Squire Patton Boggs LLP and a member of the firm’s Global Data Privacy, Cybersecurity & Digital Assets Practice. His practice focuses on counseling and advising clients on a wide range of data privacy and biometric privacy compliance and risk management matters. Contact him: david.oberly@squirepb.com, and follow him on Twitter at @DavidJOberly.
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THE REPORT | March/April 2022 | CincyBar.org 11