Privacy Regulation and Legislation to Watch in 2013

January 1, 2013 – In The News

Despite ideas that legislation designed to insulate the nation’s critical infrastructure from cyber intrusions and reform outdated electronic information protection may squeak through Congress this year, attorneys say most action will likely come from federal and state regulators, who will focus their attention on improving privacy protections in mobile applications, with particular emphasis on those for children.

Congress failed to pass any of the dozens of pending privacy proposals set before it in 2012, and attorneys believe this will remain the case for 2013.

“There’s an old saying that ‘nature abhors a vacuum,’ and a vacuum is being created by congressional inaction,” Fox Rothschild LLP partner Scott Vernick told Law360. “This gap or vacuum is going to be filled by those that are in the position to act, which would be the FTC and the state attorneys general, who will continue to take the forefront in privacy enforcement.”

Privacy attorneys will be keeping a close eye on numerous matters in the new year including mobile privacy, children’s online privacy, thwarting cyberattacks, e-privacy and European data protection overhaul.