The House is considering two data privacy bills that would go beyond existing federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), which covers health information, and the Gramm-Leach-Bliley Act (GLBA), which covers personal information. The Securing and Establishing Consumer Uniform Rights and Enforcement (SECURE Data Act) bill would address data outside the scope of existing federal privacy laws, and the Guidelines for Use, Access, and Responsible Disclosure of Financial Data (GUARD Financial Data Act) bill would update the GLBA.
If these bills become law, data protection rules similar to HIPAA would apply to data not currently within HIPAA’s or GLBA’s purview. As a result, employers and benefits advisors may need to determine which laws apply to benefit plan and human resources data.