Federal Data Privacy Legislation Headwinds

Federal Data Privacy Legislation Headwinds

There appears to be renewed enthusiasm for a piece of comprehensive federal data privacy legislation passing during the coming legislative sessions. In late 2019, both Senator Maria Cantwell (D-WA) and Senator Roger Wicker (R-MS) introduced federal data privacy bills that took similar stances on a number of key issues (e.g., security practices, express data subject consent prior to processing, transparency), signaling bipartisan alignment on many of the fundamental issues that would be addressed by a sweeping piece of federal data privacy legislation. In addition to the apparent bipartisan alignment, U.S. companies impacted by the Court of Justice of the European Union in Schrems II invalidating the EU-U.S. Privacy Shield are clamoring for federal legislation that will add certainty around transatlantic data flows. It’s also important to note that key Biden appointments have significant data privacy experience, including individuals involved in the negotiation of the EU-U.S. Privacy Shield.