Michelle Reed Article on US Data Protection Published by Trade Security Journal

September 19, 2018

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“A guide to US data protection,” an article by Akin Gump cybersecurity, privacy and data protection practice co-head Michelle Reed, has been published by Trade Security Journal in its September issue.

Describing what she characterizes as the “mosaic of data protection laws in the United States,” Reed notes that the U.S. has “some of the strictest data breach notification standards in the world,” which, she adds, have been in place for far longer than those of most other countries.

Reed outlines the underpinnings of U.S. data privacy law, starting with amendments to the Constitution and the first writings to declare a right to privacy in the United States. She then discusses the role of the Federal Trade Commission and the purpose of laws such as the Health Insurance Portability and Accountability Act, the Gramm‐Leach‐Bliley Act, the Fair Credit Reporting Act and the Children’s Online Privacy Protection Act.

She traces data protection and privacy in a variety of industries and contexts, including energy and antiterrorism, and looks at the latest developments in the field, including the recently passed California Consumer Protection Act.

Reed concludes by noting that, although the U.S. is criticized for the lack of a single federal law that covers privacy and cybersecurity, “the mosaic of laws governing different industries and uses of data provide detailed and strong protections.” She adds that it will be a “long time” before data protection law are implemented at the national level.

To read the full article, please click here.

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