The CONSENT Act and Renewed Congressional Data Privacy Interest

As the march of highly-publicized consumer data breaches and privacy incidents continues, congressional interest in data privacy legislation is increasing. Alongside recent congressional hearings on data privacy measures, Senators Markey (D-Mass.) and Blumenthal (D. Conn.) introduced the Customer Online Notification for Stopping Edge-provider Network Transgressions Act (the CONSENT Act), which if enacted would give the Federal Trade Commission broadened regulatory and enforcement power and subject software and Internet-based businesses to heightened notice and consent requirements, together with affirmative data security and breach notification obligations.