There's already a problem, and I don't see how the proposed amendment will address that.
Tomorrow, if this becomes law, I'm going to have clients saying the consent they had before is no longer valid; perhaps we need to reopen the door. How can I be sure the consent of the individual is valid because it is reasonable to expect that the individual “would understand the nature, purpose and consequences of the collection, use, or disclosure”? How do I do that? How do I achieve that? Do I include more wording? More clicks? Do I have a longer policy? I'm not sure we're going to address the problem that we have with this current notice and choice model.