Shook Partner Quoted in Law360 on Privacy Legislation

With the recent passage of the Consumer Data Protection Act in Virginia, the nation has its second comprehensive privacy law, following in the footsteps of California with the California Consumer Privacy Act (CCPA). In “Next State Up: Top Contenders for 3rd U.S. Data Privacy Law,” Law360 asks what state is most likely to pass the next consequential privacy law and turned to Shook Chair of Privacy and Data Security Practice Al Saikali.

Saikali, asked to comment on a privacy proposal being considered in his state of Florida, gave his assessment of the bill.

“It’s more aggressive,” Saikali said, “because in addition to including all of the CCPA’s rights and obligations, it uses a broader definition of personal information for its private right of action for data breaches.” He added that this “new and incredibly broad private right of action,” would make companies more likely to face lawsuits, including small and midsize companies. 

Saikali also predicted that some form of privacy legislation, if not this exact proposal, has a “better than 50% chance” of passing in Florida.