From the Fall 2021 Issue

Patchwork State Privacy Legislation vs Federal Law: Small and Midsize Businesses Would Benefit from One Clear Path

Michelle A. Schaap
Team Leader, Privacy & Data Security Practice | Chiesa Shahinian & Giantomasi PC

Privacy initiatives are gaining traction across the country. The problem is that the states’ laws are inconsistent, leaving small and mid-sized businesses, in particular, struggling to understand by which laws they are bound and which “reasonable” means to implement towards securing the personal information they control and process. Moreover, while all 50 states have breach notification laws—which are inconsistent as to timing of notice, to whom notice needs to be given, and the means of notice and fines for failure to provide notice in a timely manner—at present, only a handful of states have adopted robust privacy . . .

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