Insights
Publications

Senate Democrats Release Competing COVID-19 Privacy Bill

May 19, 2020 Blog

Democratic Senators Richard Blumenthal and Mark Warner have introduced the Public Health Emergency Privacy Act in response to the bill of the same subject released by Senate Republicans (the COVID-19 Consumer Data Protection Act) at the end of last month. As with the CCDPA, the PHEPA regulates the collection of emergency health data. While the respective bills differ in many ways, the most glaring distinctions focus (not surprisingly) on enforcement, preemption, and certain uses of data.

While both measures provide for enforcement by the FTC and state attorneys general, the Democratic bill also provides for a private right of action and damages of between $100 and $1000 for each negligent violation and $500 and $5000 for each violation that is reckless, willful, or intentional. Moreover, it would invalidate any pre-dispute arbitration agreements and joint action waivers that would otherwise affect such causes of action.

In further contrast to the Republican bill, the PHEPA expressly provides that the law does not preempt any state law or regulation.

The Democratic bill also provides for the Secretary of Health and Human Services to consult with the U.S. Commission on Civil Rights and the FTC to examine and report on how the collection, use, and disclosure of health information related to COVID-19 impacts civil rights issues.

Whether either of the bills can muster the support necessary for passage remains to be seen, and even in connection with an agreed-upon need, the stark contrast in the parties’ view on policy considerations appropriately addressed is brought into sharp relief.

Firm Highlights

Publication

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified coverage for BIPA...

Read More
Publication

California Appeals Court Empowers Privacy Agency to Immediately Enforce CCPA Regulations

In  California Privacy Protection Agency et al. v. The Superior Court of Sacramento County  (case number C099130), the Third Appellate District of the California Court of Appeal returned authority to the California Privacy Protection...

Read More
Publication

Court Reinstates CPPA Enforcement Authority and Confirms No Delay Necessary for Enforcement of Future CCPA Regulations

A recent appellate decision has made clear that the regulations promulgated under California’s groundbreaking consumer privacy law, the California Consumer Privacy Act (CCPA, as amended by the California Privacy Rights Act (CPRA)), are ripe...

Read More
Publication

Thomson Reuters v. Ross Intelligence: AI Copyright Law and Fair Use on Trial

On Sept. 25, 2023, Judge Stephanos Bibas (sitting by designation in the District of Delaware), determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate...

Read More
Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

Read More
Publication

California AI Proposal Rethinks Consumer Scope and Recordkeeping

The California Privacy Protection Agency will revisit its  draft  regulations for automated decision-making technology on March 8, including use of artificial intelligence to process personal information. Comment periods should be coming soon in 2024...

Read More
Publication

Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

Read More
Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

Read More