Page 134 - Cyber Defense eMagazine January 2023

The California Consumer Privacy Act (CCPA) and the

American Data Privacy Protection Act: The Good, The

Bad and The Ugly

By Dr. Eric Cole, Advisor - Theon Technology

Since 2018, there has been serious discussion of a new national privacy law promising Americans
enhanced data protection, much like the European Union’s General Data Protection Regulation (GDPR).
Nearly five years later, the US is still the only prominent actor in the world without an established federal
data protection. In the US, we have always relied on state-level and local laws such as the California
Consumer Privacy Act (CCPA), coming into effect on January 1st, 2023, as opposed to the government
proposing something that serves the nation in its entirety. It's a step in the right direction that Congress
is finally acting and is putting a law in motion that will protect US citizens, our information, and precious
data. However, the proposed bill is not without potential flaws and implications; some may even argue
the proposed bill falls short of the protections already in place at the state level. In addition, the law would
fall under the scope of the Federal Trade Commission (FTC), which means that the law would only cover
existing issues already addressed by the FTC. These issues include identity theft, children’s privacy,
consumer fraud, and only some cybersecurity issues.

What’s more, as we embark on the new year, we expect to see a spike in regulation across the country.
As we see California implement CCPA, other states will begin to follow suit. At a national level, we will
see a rollout of new stricter regulations, and business leaders must be prepared. Organizations that have
yet to play in the regulatory playground or have not had to deal with GDPR will be caught in a difficult
position and will be pressured to implement these changes fast. As a result, they will be rushed through
the process, all due to the US being slow to enforce these laws.

Cyber Defense eMagazine – January 2023 Edition 134
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