Premium
California Takes the Lead on Data Privacy Law
Author(s) -
Rothstein Mark A.,
Tovino Stacey A.
Publication year - 2019
Publication title -
hastings center report
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.515
H-Index - 63
eISSN - 1552-146X
pISSN - 0093-0334
DOI - 10.1002/hast.1042
Subject(s) - health insurance portability and accountability act , information privacy law , privacy law , legislation , information privacy , consumer privacy , ftc fair information practice , privacy policy , privacy laws of the united states , business , personally identifiable information , internet privacy , government (linguistics) , data protection act 1998 , accountability , privacy by design , law , health care , political science , linguistics , philosophy , computer science
In the early 1970s, Congress considered enacting comprehensive privacy legislation, but it was unable to do so. In 1974, it passed the Privacy Act, applicable only to information in the possession of the federal government. In the intervening years, other information privacy laws enacted by Congress, such as the Health Insurance Portability and Accountability Act, have been weak and sector specific. With the explosion of information technology and the growing concerns about an absence of effective federal privacy laws, the legal focus has shifted to the states. Signaling a new direction in state data privacy and consumer protection law, the California Consumer Privacy Act establishes important rights and protections for California residents with regard to the collection, use, disclosure, and sale of their personal information. The CCPA is certain to spur similar legislation and to affect national and international businesses that collect data from California's residents. Understanding the new law is important for all data‐driven industries, including health care .