Data privacy study: State vs Federal approach

Data security and privacy have become a growing concern in North Dakota and across the country. During the 2019 legislative session, a bill (HB 1485) was introduced by Representative Kasper-Fargo to address the issue of data protection in North Dakota. The passed bill was amended to a much-needed legislative study to closely examine this complex issue. That start of this process kicked-off Monday at the Commerce Interim Committee hearing. This issue prompted presentations from the Attorney General’s Office, Insurance Commissioner, US Chamber (Ethan Hellier), Microsoft and Representative Kasper along with numerous others. Considering the breadth of those who testified it is easy to see the complexity of this issue.
 
It is clear something needs to be done to properly regulate consumer data but what is the best answer? Representative Kasper strongly feels that North Dakota needs a state law and that House Bill 1485 is the right vehicle moving forward. Others who testified, including the US Chamber, feel that a federal policy is best. The US Chamber feels that although this could take some time to develop, a federal approach limits the possibility of a patchwork of regulation across the states for data, or otherwise referred to as a “50-car pileup.” Microsoft, supports HB 1485 and feels that companies will comply with state regulations on this issue and it is what is best for consumers. 

The Greater North Dakota Chamber will be looking closely at this issue through its business climate policy sub-committee. During the legislative session, we heard numerous valid concerns from our members about HB 1485 and supported the legislative management study to take some time to look at this issue more closely. We will now be taking a deep dive to see if there is a state solution that works or does policy at the Federal level make the most sense.