Recently implemented federal restrictions on transferring sensitive US personal data to hostile foreign regimes pose a new challenge for companies that advertise online: lawsuits from private parties.
The Bulk Sensitive Data Rule prohibits or restricts the transmission of bulk data to China and five other countries that pose a national security risk. While the US government and states have previously taken actions to stop China-based companies from collecting American data, the rule ushered in a new private litigation front for companies.
The first two private lawsuits for alleged illegal transfers were brought in September against a Microsoft subsidiary and a digital advertiser. The pace has picked up this year with eight more complaints being filed, including against Google and Lenovo.
Government enforcement could ramp up later this year, too, now that the March 1 deadline for some companies to file annual reports describing some of their data transactions has passed, said Elizabeth J. McEvoy of Epstein Becker & Green.
The private suits raise the risk profile for any company that uses trackers for advertising and sends—or is perceived to send—the data collected to China, said Sam Castic of Hintze Law. Read More from Ufonobong Umanah