Thought Leadership

Privacy Flash Five - July 2021

Client Updates
Our data privacy video series brings you five key developments each month. In this episode, Partner Cynthia Cole provides the five key takeaways from this month's news from across the global privacy landscape.

1. Colorado Joins the Consumer Privacy Bandwagon 

Colorado is the third state to pass comprehensive consumer privacy legislation—the second in 2021—following Virginia and California in 2018. The legislation includes many key consumer data privacy principles from the California Consumer Privacy Act and Europe’s GDPR. 

2. Supreme Court Punts on Consumer Privacy and Data Breach 

Class actions must meet a higher standard in federal courts after the U.S. Supreme Court’s decision in TransUnion v. Ramirez. The ruling could open the floodgates for more battles in state courts and may have far reaching effects on privacy and data breach litigation.

3. Fourth Circuit Relies on U.S. v. Carpenter to Dismantle Baltimore’s Aerial Investigation Research Program

The US court of appeals for the fourth circuit, sitting en banc, awarded a preliminary injunction to community activists from Leaders of a Beautiful Struggle, finding that the Baltimore Police Department’s use of its Aerial Investigation Research pilot program violated the Fourth Amendment.  The majority opinion stated that AIR data “surpass[es] the precision even of GPS data and CSLI” as used in U.S. v. Carpenter and is “more like ‘attach[ing] an ankle monitor’ to every person in the city.”  

4. Congress Circulates a Federal Breach Notification Bill 

The Cyber Incident Notification Act of 2021, a federal breach notification law introduced in June, would require federal agencies as well as private sector critical infrastructure owners and operators to report cybersecurity intrusions to the DHS’s Cybersecurity and Infrastructure Security Agency. 

5. Privacy Proposal Possible with Updated FTC Rulemaking Process

The Federal Trade Commission’s newly streamlined rulemaking process could clear the way for regulating the protection of consumer data privacy and provide companies more certainty in the absence of federal legislation.

Baker Botts recognizes that data-protection and privacy issues are a concern for all companies that gather, store, or process the sensitive or personal information of their customers, third parties or employees. Privacy regulations around the world change constantly and the growth in technology available to transfer, manipulate, process, and access data shows no sign of abating. Learn more about our Privacy and Data Security practice here.

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