Leahy Introduces Consumer Privacy Protection Act in Senate

Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., introduced the Consumer Privacy Protection Act Thursday. The legislation co-sponsored by Sens. Richard Blumenthal, D-Conn.; Al Franken, D-Minn.; Ed Markey, D-Mass.; Elizabeth Warren, D-Mass.; and Ron Wyden, D-Ore., calls for a “comprehensive approach to data security by requiring companies to take preventative steps to defend against cyber attacks and prevent data breaches, and to quickly notify customers in the event a data breach occurs,” a news release said. “The measure addresses the kinds of security breaches that have affected retail stores in recent years, as well as breaches of personal email, online accounts, and cloud computing that have sent Americans’ personal information, photos and even location out into public view,” it said. “Data security is not just about protecting our identities and our bank accounts; it is about protecting our privacy,” Leahy said. “Americans want to know not just that their bank account and credit cards are safe and secure, they want to know that their emails and their private pictures are protected as well,” he said. “Companies who benefit financially from our personal information should be obligated to take steps to keep it safe, and to notify us when those protections have failed,” Leahy said. His bill wouldn't pre-empt state laws that offer strong consumer protections and has a “broad definition of information that must be protected, including Social Security numbers; financial account information; online usernames and passwords; unique biometric data, including fingerprints; information about a person’s physical and mental health; information about a person’s geolocation; and access to private digital photographs and videos,” the release said. Consumer Federation of America Director-Consumer Protection and Privacy Susan Grant said “federal legislation will only be helpful to consumers if it provides them with greater privacy and security protection than they have today.” The Consumer Privacy Protection Act “takes the right approach, requiring reasonable security measures, providing strong consumer protection and enforcement, and only preempting state laws to the extent that they provide less stringent protection,” Grant said. CFA "supports this legislation and urges members of Congress to reject any attempts to institute lower standards for the security and privacy protection of consumers’ personal data,” she said. New America Open Technology Institute Senior Policy Counsel Laura Moy said in a news release that the bill is "truly pro-consumer." "Recently we have seen too many so-called 'privacy' bills that would actually replace strong state-level protections with a weaker national standard," Moy said. The bill introduced today "would leave consumers across the country better protected than they are currently," she said. "It sets a strong federal baseline," said Consumer Watchdog Privacy Project Director John Simpson.