5 Predictions in Privacy for 2020

2019 was a pretty intense time in the privacy field. Numerous privacy bills were introduced, dozens of GDPR fines were issued, and consumers and legislators showed more interest in the protection of privacy online. Now that we have run in the new year, we are asking ourselves what 2020 holds for one of the hottest and new topics of the decade: privacy.

(1) More states will propose privacy laws: As of right now, 9 states have proposed privacy bills that would require certain websites that collect Personally Identifiable Information (PII) to have a Privacy Policy. Some of these bills apply to businesses outside of these states. Other states are proposing that consumers have the right to sue businesses directly for not having a compliant Privacy Policy.

Since multiple state privacy laws can apply to a single business, we anticipate that it will become more and more difficult for small businesses to keep track of these changes.

(2) More state privacy laws will go into effect: The regulation of privacy online will be a top priority for some states, such as Washington. Thus, we anticipate seeing more privacy bills passed into law in 2020 than we saw in 2019.

(3) Progress will be made on a federal level: As of right now, there are six proposed federal privacy bills that aim to centralize privacy requirements across the United States. All of these bills would require websites that collect personally identifiable information online to have a Privacy Policy. What's really interesting is that some of these privacy bills would not override state privacy laws, meaning that businesses would have to comply with a federal law and multiple state laws, further complicating compliance. While we do hope to see a federal privacy law, we anticipate states taking the lead on this issue.

(4) IAPP also thinks more states will propose laws, and will format them similar to CCPA: The International Association of Privacy Professionals has predicted that more states will pass privacy laws that are modeled on the California Consumer Privacy Act (CCPA). We tend to agree with this prediction for 2020 since most state privacy bills cite the CCPA as inspiration and argue that the citizens of their states deserve the same privacy rights as Californians.

(5) Swift enforcement starting 07/01 for CCPA: The CCPA went into effect on January 1st, 2020 and will start to be enforced by the California Attorney General on July 1st, 2020. We predict that enforcement will be swift and fines will start to be issued early in July for non-compliance.

The California Consumer Privacy Act (CCPA) went into effect on January 1st.  Penalty for non-compliance is up to $7,500 per infringement.

Is your business compliant? Not sure where to start?