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, Director of Legislative Research & Analysis at FPF.
12th Annual Privacy Papers for Policymakers Awardees Explore the Nature of Privacy Rights & Harms
The winners of the 12th annual Future of Privacy (FPF) Privacy Papers for Policymakers Award ask big questions about what should be the foundational elements of data privacy and protection and who will make key decisions about the application of privacy rights. Their scholarship will inform policy discussions around the world about privacy harms, corporate […]
Public Comments Surface Fault Lines in Expectations for New California Privacy Law
In November 2020, California voters adopted the California Privacy Rights Act (“CPRA”) ballot initiative, which was developed to strengthen and expand upon the underlying California Consumer Privacy Act (“CCPA”) that the state legislature adopted in 2018. While the CPRA provides for significant new consumer rights and responsible data processing obligations on covered businesses, many questions […]
Future of Privacy Forum Adds Amie Stepanovich, Additional Experts to U.S. & Global Policy Teams
New staff members add expertise and expand US policy engagement for independent data protection non-profit The Future of Privacy Forum (FPF) has added three new members to its U.S. policy team and a senior fellow to its global team. Amie Stepanovich will join FPF as VP of U.S. Policy, Keir Lamont joins as Senior Counsel, […]
FPF’s Stacey Gray Testifies Before Senate Finance Committee Regarding Data Brokers, Urges Congress Pass a Comprehensive Federal Privacy Law
Today, Future of Privacy Forum Senior Counsel Stacey Gray testified before the U.S. Senate Finance Subcommittee on Fiscal Responsibility and Economic Growth regarding consumer privacy in the technology sector. Stacey’s testimony explains that the term “data brokers” typically encompasses a wide variety of companies and business practices that use personal information for different purposes, some […]
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 […]