Earlier this month, the Oregon state legislature introduced Senate Bill (SB) 619, “relating to protections for the personal data of consumers.”  The bill has since been referred to the Senate Committee on Judiciary and the Joint Committee on Ways and Means.  Of course, Oregon would not be the first state to enact general, or omnibus, privacy legislation; to date, five states (California, Virginia, Colorado, Connecticut, and Utah) have done so, with the first two operative as of today.  Likewise, Oregon is not the only state to introduce new omnibus privacy legislation this month.  The introduction of this bill (and other general state privacy legislation) remains significant because the prospect for omnibus federal privacy legislation (in the near term) fizzled out when the 117th Congress adjourned.   

No bill exists in a vacuum.  Structurally, SB 619 generally follows the Virginia Consumer Data Protection Act (VCDPA), as do the laws enacted by Colorado, Connecticut, and Utah. 

SB 619 is only 17 pages long, not as slim as the VCDPA (8 pages), but not as bulky as the California Consumer Privacy Act (59 pages).  Unlike the CCPA, SB 619 does not reference any implementing regulations; however, implementing regulations could be added.

As with any omnibus state privacy bill, the proposed legislation raises some key questions:Continue Reading A New Consumer Data Protection Bill in Oregon: A Summary of SB 619

This past Wednesday, the Senate Commerce Committee held another hearing on consumer data privacy, this time giving voice to prominent privacy advocates. Previous testimony in September from leading technology businesses focused on concerns with the complexity of having to comply with a patchwork of different state privacy regulations, broad definitions of “personal information” in the California Consumer Privacy Act (CCPA), and a desire to see Federal legislation enacted that would preempt state laws and create a single, unified US privacy law.

While a national privacy law would simplify compliance, in Wednesday’s hearing Nuala O’Connor, the President and CEO of the Center for Democracy & Technology, cautioned the committee that the “price of preemption would be very, very high”, and Laura Moy, Executive Director and Adjunct Professor of Law at the  Georgetown Law Center on Privacy & Technology, laid out in her written testimony six strong recommendations that we should expect to see in any proposed national standard:
Continue Reading The Senate Commerce Committee held a second hearing on consumer data privacy, this time with privacy advocates