Across the United States, evolving data collection and processing practices are driving digital services and socially beneficial research, but also pose increasing risks to individuals and communities that America’s existing sectoral privacy frameworks are insufficient to govern. In response, leaders in law and policy are considering more comprehensive approaches to privacy regulation, which establish baseline rights and protections for personal data throughout the economy. Years of negotiations in Congress culminated in the introduction of the bipartisan American Data Privacy and Protection Act in 2022; however, its fate remains uncertain. In the absence of federal legislation, five U.S. states—California, Virginia, Colorado, Utah, and Connecticut— enacted comprehensive consumer privacy laws between 2018-2022.
The Future of Privacy Forum provides expert, independent analysis of legislative and regulatory approaches to protecting data privacy interests. FPF does not typically support or oppose particular bills, but instead focuses on analyzing proposals in relation to existing privacy frameworks, sharing information on current data practices and technologies, and ensuring that data governance strategies are future-looking and adaptable.
FPF also engages with the broader privacy community through reports, blog posts, webinars, and educational programs such as the CPRA Law + Tech Series. It is our view that robust and durable policy outcomes can be achieved when all stakeholders are equipped to understand the key technologies, business practices, and legal mechanisms available to regulate privacy and data protection. FPF’s legislation work is led by Keir Lamont, Director.
Five Burning Questions (and Zero Predictions) for the U.S. State Privacy Landscape in 2022
Entering 2022, the United States remains one of the only major economic powers that lacks a comprehensive, national framework governing the collection and use of consumer data throughout the economy. An ongoing impasse in federal efforts to advance privacy legislation has created a vacuum that state lawmakers, seeking to secure privacy rights and protections for […]
Addressing the Intersection of Civil Rights and Privacy: Federal Legislative Efforts
Last month, the National Telecommunications and Information Administration (NTIA) hosted virtual listening sessions on the intersection of data privacy, equity, and civil rights. Around the same time, the FTC announced that they will begin rulemaking on discriminatory practices in automated decision making, and currently, an influx of state legislation containing civil rights provisions have been […]
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 […]
FPF Files Comments on CPRA Initial Rulemaking
Yesterday, the Future of Privacy Forum filed comments with the California Privacy Protection Agency on the initial rulemaking under the California Privacy Rights Act (CPRA). The CPRA, which comes into effect in 2023, provides protections for sensitive personal information, expands the California Consumer Privacy Act’s opt-out rights, and requires businesses to provide mechanisms for individuals […]
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 […]