Traveling the New Road to Data Privacy Regulation in the United States: An Examination of Recent U.S. Data Privacy Considerations and Proposed Legislation, Including Safe Harbors

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A spate of recent – and renewed – interest in data privacy by the U.S. Government should give those organizations that collect sensitive and personally-identifiable information from individual consumers reason to pause. And while two proposed Senate and House Bills are still in committee, their combined import is clear: the U.S. Government is in the process of stepping-up its regulation of U.S. organizations’ use of personal data. So-called opt-in agreements and End User License Agreements (“EULAs”) will no longer suffice; U.S. consumer data privacy has attracted new government interest, and organizations who fail to take pending regulations seriously could face severe consequences and civil penalties.

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