California Remains a Privacy Bellwether
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July 1, 2022
This past week we saw a monumental shift in the legal landscape in the US. It’s nearly impossible to address here all of the ways in which the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization will impact the implied right to privacy for Americans. I’d like to set aside the issue of abortion and just focus on privacy.
The opinion in Roe v. Wade provided federal protection to a decision by ruling that abortion was within a person’s right to privacy. The Dobbs decision removes that federal protection and leaves it to the states, which is just where personal data privacy protection currently resides. The immediate patchwork effect divides the nation and leaves some, perhaps most, with fewer privacy rights than others.
As constitutional lawyers labor over every word of the Dobbs majority decision, Justice Thomas’s concurrence, and the dissenting opinion, we are left only to guess: How will privacy rights be protected in the US?
If the prevailing sentiment in your state is more religious than your own beliefs, will state laws be passed by elected representatives that intrude on your private decisions? Will those state laws allow your fellow citizens to sue you over those private actions? Will your personal data collected online help them in that kind of a lawsuit?
These are critical questions, and it certainly feels like we are at a crossroad.
Roe v. Wade ruling may impact federal data privacy bill
With the bipartisan American Data Privacy and Protection Act currently undergoing debate in the Senate, the Supreme Court’s recent ruling on Roe v. Wade may introduce a new element of uncertainty to the proceedings. Republican and Democrat bill sponsors struggle to ensure that the bill protects health data inclusive of abortions, but does not explicitly target abortions so as to maximize the bill’s chances of success. Other Democrat Senators have introduced their own bills explicitly concerned with protecting private reproductive health data, but their chances of gaining traction in the Senate remain to be seen.
European Commission assessing GDPR improvements, not overhaul
In a recent speech, EU Justice Commissioner Didier Reynders acknowledged the need to improve aspects of the GDPR, including turnaround time for enforcement decisions. However, Reynders asserted that these improvements should be made through other laws targeting data privacy, rather than by modifying the GDPR itself.
Where are international data privacy regulations heading in 2023?
Three privacy experts weigh in on the future privacy regulations in this blog from JD Supra. They anticipate that, in the coming years, the idea that personal data as belonging to its subjects will intensify, that privacy laws are gradually coming into harmony with one another, and that cybersecurity will become an increasing concern.
Spotlight on Osanians: Get to know Kelsey
Ever wished you could get to know the people hard at work keeping the world compliant with data privacy regulations? Our Spotlight on Osanians series shines a light on the people we’re proud to call our coworkers. This post focuses on Kelsey Peterson, a technical recruiter here at Osano. Check out Kelsey’s interview here.
If you want to keep up with the Spotlight on Osanians series, bookmark this page — we’ll update it regularly as new interviews come out.
And if you someday aspire to be featured on the Spotlight series, why not check out our Careers page? We might have the perfect opportunity for you.
Arlo Gilbert is the CEO & co-founder of Osano. An Austin, Texas native, he has been building software companies for more than 25 years in categories including telecom, payments, procurement, and compliance. In 2005 Arlo invented voice commerce, he has testified before congress on technology issues, and is a frequent speaker on data privacy rights.