Calif. Privacy Law Sponsor Tells NJ to Avoid Va. Approach

California’s privacy law author criticized Virginia’s new statute at a New Jersey legislative hearing Monday. The second major state privacy bill, signed this month by Virginia Gov. Ralph Northam (D), has “many loopholes” that effectively codify existing business practices, Californians for Consumer Privacy’s Alastair Mactaggart told the Assembly Science, Innovation and Technology Committee. Mactaggart, who proposed the California Consumer Privacy Act and the newer California Privacy Rights Act, urged lawmakers to update CCPA-based measures to the CPRA. CTIA, which prefers a national law, warned against basing a New Jersey law on CPRA because it’s “still unsettled,” said Davis Wright attorney Nancy Libin. The Virginia law, while also problematic, is at least less burdensome for businesses, she said. New Jersey should align with Virginia to provide uniform rules for businesses, agreed Internet Association Legal and Policy Counsel Alexandra McLeod. New Jersey lawmakers are returning to privacy after COVID-19 derailed efforts last year, said committee Chair Andrew Zwicker (D). The panel heard testimony but didn’t vote on Zwicker’s A-3283, which would provide an opt-in right and establish a state data protection office; A-3255, to require businesses notify customers about collection and sale of personal information and give customers an opt-in right; and A-5448, to require websites notify about collection and disclosure and allows customers to opt out. Harvard Berkman Klein Center affiliate Salome Viljoen supported A-3283 setting up a special office but suggested adding a private right of action and warned not to exclude third parties not covered in the current bill. Electronic Frontier Foundation Legislative Activist Hayley Tsukayama, also urging a private right, cautioned that the proposed office would need adequate funding. TechNet is optimistic about soon getting a federal law, but if New Jersey goes ahead, attorney general enforcement is better than allowing private suits, said Executive Director-Northeast Chris Gilrein. Opting out is more difficult for consumers than opting in, said Consumer Reports Policy Analyst Maureen Mahoney.