Background

With states passing inconsistent laws and no uniform federal law addressing data privacy, there’s a patchwork of rules for companies to comply with. ALTA is dedicated to helping its members understand what they need to do to comply, if required, with data privacy laws.

ALTA Policy Position

ALTA believes any comprehensive data privacy legislation should include a full entity exemption for entities subject to the Gramm-Leach-Bliley Act (GLBA). Since 1999, this federal law has strictly limited financial institutions’ use and sharing of customers’ personal information. Additionally, financial institutions are required to assure the security of this information and provide comprehensive disclosures to consumers.

 

Data Privacy Principles

Resources

 


Data Privacy Articles

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 New Jersey Governor Signs Redaction Legislation
December 3, 2020

The legislation amends the state's Open Public Records Act to exclude from the definition of a public record the portion of any document that discloses the home address of any active or retired judge, prosecutor or law enforcement officer.

 California Passes Measure to Revamp Consumer Privacy Law
November 5, 2020

Proposition 24 reinforces and redefines parts of the California Consumer Privacy Act, which grants California consumers data privacy rights and control over their personal information. Key items that affect the title and settlement companies is that measure retains the exemptions for personal information collected pursuant to the Gramm-Leach-Bliley Act, as well as business-to-business and employee exemptions.

California Voters Pass Ballot Measure Over Data Privacy Regulation
The Hill  |  November 4, 2020

A controversial California ballot measure regarding data privacy appears to have been passed by voters in Tuesday’s election, and it is likely to have a national impact by regulating how tech giants based in The Golden State must operate. Proposition 24, known as the California Privacy Rights Act of 2020, seeks to amend and expand on provisions of the California Consumer Privacy Act (CCPA) that was passed in 2018. The proposition would establish a California Privacy Protection Agency 

As California Decides Fate of Privacy Law, More CISOs Could be Hit by Data Regulations
SC Media  |  November 3, 2020

Californians will decide today whether to enact new regulatory rules in a ballot initiative dubbed the California Privacy Rights Act (CPRA). The CPRA would create several new wrinkles for security and privacy personnel to iron out, said Bret Cohen, partner in the privacy and cybersecurity practice at Hogan Lovells. Also, if passed, an interesting quirk in CPRA will make it more difficult to address problems with the law, should any arise. CPRA explicitly limits the ability of elected officials to narrow the provisions.

Beware of Cybersecurity Risks When Teleworking from Hotels
October 20, 2020

Teleworking from a hotel could increase the potential of criminals stealing sensitive information. Hotels, predominantly in major U.S. cities, have begun to advertise daytime room reservations for guests seeking a quiet, distraction-free work environment. While this option may be appealing, the FBI warns that accessing sensitive information from hotel Wi-Fi poses an increased security risk over home networks. Read on for tips to minimize some of the risks associated with using hotel Wi-Fi.

Tips for Secure Video Conferencing
October 20, 2020

Due to the COVID-19 pandemic and social distancing requirements, organizations pivoted to widescale remote work and online collaboration. Video conferencing emerged as a tool for business continuity and sustained social connection. However, these tools opened the door to increased cyberattacks. Amid the unanticipated exponential growth and unprecedented popularity of these platforms, many video conferencing users have not implemented necessary security precautions—or might be unaware of the latent risks and vulnerabilities. Read on for principles and practices established by the U.S. Cybersecurity and Infrastructure Security Agency (CISA) that individuals and organizations can follow to enhance video conference security.

Final Regulations for California Consumer Privacy Act Approved
August 18, 2020

California Attorney General Xavier Becerra announced approval by the Office of Administrative Law (OAL) of final regulations under the California Consumer Privacy Act (CCPA). 

California Attorney General Releases Consumer FAQs for Privacy Law
July 16, 2020

The California attorney general issued frequently asked questions (FAQs) to help consumers understand their rights under the state’s California Consumer Privacy Act (CCPA).

Louisiana Passes NAIC Model Data Security Bill
June 4, 2020

Louisiana became the latest state to pass legislation based off the model data security bill developed by the National Association of Insurance Commissioners (NAIC). In February, ALTA released its data privacy principles. The principles recommend the development of a single, national standard to help protect consumer private information uniformly and consistently while maintaining an efficient homebuying and selling experience.

N.J. Legislators Propose Tighter Data Privacy Regulations
PYMNTS.com  |  March 4, 2020
The New Jersey bill mandates that any firms collecting personal data tell people in plain language how the information will be used. The measure also empowers consumers to ask companies for a copy of their personal data and request that the information is deleted.
 Washington State Senate Passes Data Privacy Bill
March 3, 2020
Senate Bill 6281 would apply to legal entities that conduct business in Washington or produce products or services that are targeted to residents of the state. Read on for details.
A New Senate Bill Would Create a U.S. Data Protection Agency
Tech Crunch  |  February 12, 2020
Sen. Kirsten Gillibrand (D-NY) has published a bill which, if passed, would create a U.S. federal data protection agency designed to protect the privacy of Americans and with the authority to enforce data practices across the country. The bill, which Gillibrand calls the Data Protection Act, will address a “growing data privacy crisis” in the U.S., the senator said. ALTA has developed data privacy principles that recommend a single, national standard to help protect consumer private information uniformly and consistently while maintaining an efficient homebuying and selling experience.
California's New Privacy Law Is Off to a Rocky Start
Tech Crunch  |  February 9, 2020
The new law lets users request a copy of the data that tech companies have on them, delete the data when they no longer want a company to have it, and demand that their data isn’t sold to third parties. All of this is much to the chagrin of the tech giants, some of which had spent millions to comply with the law and have many more millions set aside to deal with the anticipated influx of consumer data access requests.
Data Privacy: Top Trends to Watch in 2020
January 30, 2020
Every company, large or small, needs to have a principled focus on data privacy in order to safeguard operations and customers. Check out ALTA’s resources to help members understand what they need to do to comply, if required, to data privacy laws.
Contractual Requirements Between Covered Businesses and Service Providers Under California’s Consumer Privacy Law
January 23, 2020
It is common for title and settlement companies to share data in the process of closing a real estate transaction. However, some key definitions in the California Consumer Privacy Act of 2018 (CCPA) that went into effect at the beginning of the year are causing the companies to reassess practices and agreements as they figure out how to comply with the new privacy law.
The CCPA for the Land Title Industry: Who Does the CCPA Apply To?
JD Supra  |  January 15, 2020
In this program, Elizabeth Reilly from Fidelity National Financial joins Carlton Fields’ attorneys Jack Clabby, Joe Swanson, and Steve Blickensderfer as they answer real questions from real members of the American Land Title Association on what the CCPA means for the land title industry.
The California Consumer Privacy Act Q&A
January 8, 2020

This document provides an overview of key questions regarding the California Consumer Privacy Act. The Q&A answers which companies are covered by the regulation; applicability to controlled entities with shared branding; who is protected; examples of personal information; exemptions; consumer right to access, disclosure and opt-out; obligations on a company; and costs of compliance.

The Next Big Thing: Consumer Data Privacy
January 8, 2020
California’s sweeping legislation that went into effect Jan. 1 is the beginning of things to come as more states look to bolster consumer privacy and enforce stricter U.S. consumer protections.