Latest Federal Privacy Legislation Introduced

In the wake of Virginia passing its own privacy statute (here), Representative Suzan DelBene (D-Wash.) introduced the Information Transparency and Personal Data Control Act in the House.  The proposed legislation would preempt conflicting state laws and provide for an opt-in requirement for sensitive personal data. As with the Virginia statute, the legislation does not provide for a private right of action.  The Act also provides for FTC rulemaking and enforcement, and privacy audits every two years by a neutral third party. Obviously, this is only the first step in a long process. The legislation can be found here, and the data sheet can be found here.

As states continue to pass their own privacy laws, it is inevitable that the federal government will eventually enact federal legislation that will preempt a patchwork of state laws in favor of one national standard.