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NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion
New York Gov. Andrew Cuomo's executive budget proposal includes plans for a comprehensive data privacy law that echoes many of the provisions already put forth in the California Consumer Privacy Act (CCPA). But rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, a New York regulation could place even more strain on corporate legal departments attempting to get a handle on compliance.
Details of the proposed legislation were included in a New York State Department of Financial Services (DFS) document titled "Report on Investigation of Facebook Inc. Data Privacy Concerns" that was published on Feb. 18, 2021. As proposed by Cuomo, the New York Data Accountability and Transparency Act (NYDATA) would establish a Consumer Data Privacy Bill of Rights giving New York residents the right to control, access and delete any information an organization has collected from them. The act would also require companies to disclose the reasons why they collect data and limit their collections activity to that express purpose.
"Until a comprehensive federal law is passed — and a federal regulatory body created — this report is certainly one indication that the DFS will be taking a larger role in national data security and privacy matters moving forward," says Myriah Jaworski, leader of the privacy litigation practice group at Beckage, via email.
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