New York Lawmakers Express Frustration Over Privacy Law; Advocate for Bolder CCPA

On Friday, New York state senators expressed their impatience and frustration on Congress’ lack of haste in addressing the issue of data collection and privacy with New York state businesses. Legislators have begun advocating for more legislation that would restrict how businesses would use and share consumer data.

The senators gathered for a five-hour public hearing in Manhattan where the Senate’s standing committees on Consumer Protection and Internet and Technology heard from 11 panels of witnesses, which included representatives from leading business groups, consumer advocates, and state government officials.

This gathering comes at a very relevant time, as California’s Consumer Privacy Act (CCPA) comes into legal effect January 1, 2020. With the CCPA in mind, New York’s mindset in adopting a similar framework to California’s privacy law is parallel, but takes a “time-is-of-the-essence” approach.

The proposed legislation at work here, New York’s Privacy Act, was introduced by Senator Kevin Thomas (D) back in May. The Act takes the CCPA framework a step further with respect to data use restrictions and transparency requirements, advocating for a national privacy framework. According to WIRED Magazine, it’s “even bolder” than California’s legislation.

Specifically, the Act would establish a broad private right of action and requiring businesses to act as “data fiduciaries.” No different than any other legal fiduciary, these “data fiduciaries” under the proposed legislation, would prevent these businesses from using personal information in a way that would place users in a legal detriment.

Brittany Kaiser and David Carroll, who played pivotal roles in bringing to light now-defunct political consulting firm, Cambridge Analytica, agreed that providing consumers with a cause of action is vital.

Read the full article here.