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ARTICLE · 25 JUNE 2019

Legislators Propose Differing Approaches To Federalizing Corporate Responsibility For Data Breaches

Cleary Gottlieb Steen & Hamilton LLP
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In this post, we provide a survey of the recent federal data privacy proposals, highlighting their key differences and potential implications.

United StatesPrivacy

In the past year, members of the U.S. Congress and Senate on both sides of the aisle have proposed data privacy bills that would impose nationwide standards on companies who collect and/or share consumers' personal information. Currently, all 50 states have separate, but often overlapping, data privacy regimes—each subjecting companies to various combinations of recordkeeping standards, data sharing restrictions, and data breach reporting requirements—creating a patchwork of state laws that can generate substantial uncertainty for corporations.

Support for federal legislation has been growing, and in January 2019, the Government Accountability Office recommended that Congress consider developing comprehensive data privacy legislation.[1] The bills that have been proposed differ widely, and while many commentators feel 2019 is a critical year for enacting such legislation, sufficient support has yet to coalesce around a single bill. Key sticking points include

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