The Legislature Talks Privacy

By CMTA Staff

Capitol Update, Feb. 27, 2015 Share this on FacebookTweet thisEmail this to a friend

Privacy took center stage at the Capitol this week with the inaugural meeting of the newly-formed Assembly Privacy and Consumer Protection Committee followed by the announcement of a bi-partisan bill package aimed at enhancing individual and consumer privacy protections.

At its initial hearing on February 24th, Committee Chairman Mike Gatto (D-Glendale) identified three areas he and his colleagues will focus on this year. Data breach mitigation was labeled a “high priority” and will involve considering tougher public notification requirements regarding the use and loss of information as well as consequences for non-compliance. The other two areas included personal privacy protection and the “shared economy.” Committee Members also expressed an interest in considering  better ways to secure personal information the State collects from the public and creating an effective balance between the benefits of certain technologies – such as unmanned aircraft and various public safety devices – and individual civil liberties and their expectation of personal privacy. Ultimately, the Committee hopes to find the appropriate path to protecting individual and consumer privacy without stifling the economy or technological innovation.

The next day, Senator Ted Gaines (R-Roseville) joined Chairman Gatto in a press conference to unveil their California Privacy & Consumer Protection Act – “a bi-partisan package of legislation that will begin to address protecting individual liberties, consumers and personal privacy while promoting technological advancement that can benefit society for generations to come,” according to the press release.

One proposal raised during the press conference that may cause concern was the idea of establishing a minimal standard of encryption for companies that provide data storage services. The concept is based on the “reasonable person” standard, a longstanding theory of jurisprudence that is used to explain how a typical person would act in a crisis situation. The thought is to create a “reasonably prudent encryption” standard to facilitate the creation of an industry norm. However, such a standard could prove challenging to apply given the rapidly changing nature of technology.

Read more Regulatory / Legal articles

Capitol updates archive 989898989