In the absence of a comprehensive federal standard for data privacy, the needle continues to move on data privacy regulation. Internationally, more than 120 countries have enacted privacy or data protection laws. In the U.S., consumer privacy legislation has passed in California, Virginia, and Colorado, and during the 2021 legislative session over 150 privacy-related bills were introduced. FPF does not typically support or oppose particular legislative proposals, but instead provides expert, independent analysis through our public engagement, blog posts, educational webinars, and programs such as Digital Data Flows: Emerging Technologies. It is our view that lawmakers and regulators make better policy when they understand the key technologies, business practices, and legal tools available to regulate privacy and data protection. FPF’s legislation work is led by Stacey Gray, Senior Counsel at FPF.
Call for Nominations: 12th Annual Privacy Papers for Policymakers
The Future of Privacy Forum invites privacy scholars and authors with an interest in privacy issues to submit finished papers to be considered for FPF’s 12th annual Privacy Papers for Policymakers Award. This award provides researchers with the opportunity to inject ideas into the current policy discussion, bringing relevant privacy research to the attention of the U.S. […]
Uniform Law Commission Finalizes Model State Privacy Law
This month, the Uniform Law Commission (ULC) voted to approve the Uniform Personal Data Protection Act (UPDPA), a model bill designed to provide a template for uniform state privacy legislation. After some final amendments, it will be ready to be introduced in state legislatures in January 2022. The ULC has been engaged in an effort […]
What the Biden Executive Order Means for Data Protection
Last week, President Biden signed an Executive Order on “Promoting Competition in the American Economy” (“the Order” or “the EO”), published together with an explanatory Fact Sheet. The Order outlines a sweeping agenda for a “whole of government” approach to enforcement of antitrust laws in nearly every sector of the economy. Although there is a […]
Lessons for a Federal Private Right of Action in US Privacy Law after TransUnion LLC v. Ramirez
Author: Felicity Slater Felicity Slater is a rising 3L law student at Boston University School of Law and FPF Legal and Policy Intern. In June 2021, the Supreme Court handed down TransUnion v. Ramirez, 594 U.S. ___ (2021), its latest decision concerning Article III standing, which determines a plaintiff’s eligibility to sue in federal court. Even […]
Navigating Preemption through the Lens of Existing State Privacy Laws
This post is part of an ongoing series on federal preemption and enforcement in United States federal privacy legislation. See Preemption in US Privacy Laws (June 14, 2021). In drafting a federal baseline privacy law in the United States, lawmakers must decide to what extent the law will override state and local privacy laws. In […]
Preemption in US Federal Privacy Laws
This post is the first in an ongoing series on federal preemption and enforcement in United States federal privacy legislation. As federal lawmakers consider proposals for a federal baseline privacy law in the United States, one of the most complex challenges is federal preemption, or the extent to which a federal law should nullify the […]
India’s new Intermediary & Digital Media Rules: Expanding the Boundaries of Executive Power in Digital Regulation
The majority of these provisions were unanticipated, resulting in a raft of petitions filed in High Courts across the country challenging the validity of the various aspects of the Rules, including with regard to their constitutionality.
Colorado Privacy Act Passes Legislature: Growing Inconsistencies Ramp Up Pressure for Federal Privacy Law
Today, the Colorado Senate approved the House version of the Colorado Privacy Act (SB21-190) that passed yesterday, on June 7. If approved by Governor Jared Polis, Colorado will follow Virginia and California as the third U.S. state to establish baseline legal protections for consumer privacy. “Although the Colorado Privacy Act contains notable advances that build […]
Automated Decision-Making Systems: Considerations for State Policymakers
In legislatures across the United States, state lawmakers are introducing proposals to govern the uses of automated decision-making systems (ADS) in record numbers. In contrast to comprehensive privacy bills that would regulate collection and use of personal information, automated decision-making system (ADS) bills in 2021 specifically seek to address increasing concerns about racial bias or […]
FPF Testifies on Automated Decision System Legislation in California
Last week, on April 8, 2021, FPF’s Dr. Sara Jordan testified before the California House Committee on Privacy and Consumer Protection on AB-13 (Public contracts: automated decision systems). The legislation passed out of committee (9 Ayes, 0 Noes) and was re-referred to the Committee on Appropriations. The bill would regulate state procurement, use, and development […]