b'The Current State of Data Privacy in the United States and Your Data Privacy ProgrambyLeslie G. Baird, Esq.Wright, Finlay & Zak, LLP[T]he volume of privacy and data security laws is so extensiveand the reach so pervasivethat virtually every company in this country has material obligations related to privacy and data security. Privacy and Data Security is for Everyone, Kirk J. Nahra, IAPP Whitepaper.T he United States does not have aThe Federal Trade Commission (FTC) ispolicies, consumer data privacy, minors, central privacy law.Rather, therethe primary federal agency that regulatesand data breach notifications.are a number of federal laws thatprivacy in the United States.When acting either directly or tangentially addressas an enforcement agency in cases thatIn California, the California Consumer privacy.While not a comprehensive listallege violations of consumers privacyPrivacy Act, the first state-level legislation of all federal legislation, the following arerights, of significant consumer injury, or ofof its kind, brought landmark and sweeping existing federal privacy laws:misleading consumers by failing to maintainchanges to consumer data privacy.Looking security for sensitive consumer information,forward, many other states are taking a cue a.US Privacy Act of 1974 the FTC has often charged the defendantsfrom California and are also exploring the b. Gramm-Leach-Bliley Actwith violating Section 5 of the FTC Act.implementation of consumer data privacy Section 5 of the FTC Act bars unfair andlegislation.As of late February 2020, Maine c.Heath Insurance Portability anddeceptive acts and practices in or affectingand Nevada have enacted comprehensive Accountability Actcommerce.The FTC also enforces otherprivacy laws.Additionally, the following d. Childrens Online Privacy Protectionfederal laws relating to consumers privacystates have bills in various stages of the Actand security. legislative process: Florida, Hawaii, Illinois, Maryland, Minnesota, Nebraska, New e.Fair Credit Reporting ActIn addition to patchwork of federal laws, allHampshire, New York, South Carolina, and f.Electronic Communications Privacy50 states, the District of Columbia, Guam,Washington.There are also a number of ActPuerto Rico, and the Virgin Islands eachstates that have created privacy task forces g. Computer Fraud and Abuse Acthave at least one privacy-related law.Thoseas a substitute for a comprehensive bill laws cover a variety of areas which include h. Telephone Consumer Protection Act but are not limited to website privacycontinued on page 16Points of InterestSpring 2020Page 15'