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Cybersecurity and Data Privacy Newsletter - Winter 2020

Election 2020: Looking Forward to What a Biden Presidency May Mean for Data Privacy and Data Privacy Litigation by Kristin Bryan, Lydia de la Torre, Glenn A. Brown, Aaron Garavaglia - The United States is in the process of completing its 59th presidential election and electing its 46th president. A change in administrations is inevitably accompanied by a change in executive priorities. Assuming that Vice President Biden is sworn in as President on January 20, 2021, the area of data privacy will likely be of particular focus under the Biden Administration, with consequences for data privacy litigation. Some top of mind questions regarding the anticipated impact a Biden presidency may have in this area are addressed below. Specifically, we anticipate that a BidenAdministration will likely focus on the passage of federal data privacy legislation, renegotiate conditions for EU data transfers to the US, reintroduce a cybersecurity coordinator to the White House, and increase FTC enforcement activity. Of course, several of these issues are contingent upon which party will come to control theSenate, a question that will not be answered until the two runoff elections in Georgia are completed in early January 2021.

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