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.
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White House Consumer Privacy Bill Starts an Important Conversation
This afternoon the White House released a discussion draft of its Consumer Privacy Bill of Rights Act. Jules Polonetsky and Chris Wolf issued the following response: Today’s release of the text of Consumer Privacy Bill of Rights demonstrates the U.S.’s continuing commitment to advance privacy protection for consumers. Although the current system of FTC enforcement actions […]
Lessons from Fair Lending Law for Fair Marketing and Big Data
Lessons from Fair Lending Law for Fair Marketing and Big Data Where discrimination presents a real threat, big data need not necessary lead us to a new frontier. Existing laws, including the Equal Credit Opportunity Act and other fair lending laws, provide a number of protections that are relevant when big data is used for […]
Do Not Track Hearing Takeaways
Organized by Sen. Rockefeller (D-W. Virginia), who has repeatedly pushed for a “Do Not Track” law, yesterday’s Senate Commerce Commerce Committee hearing on Do Not Track (DNT) was billed as an opportunity for industry to provide senators with an update on how voluntary DNT standards were proceeding. Joined by Senators Blumenthal, Heller, McCaskill, and Thune, […]
A Critical Time for the EU Data Protection Regulation
Editorial By Christopher Wolf A Critical Time for the EU Data Protection Regulation Policymakers around the world are re-examining the legal framework that regulates the collection, use, sharing, and storing of personal information – proposing more robust protections afforded to such information, and increasing the legal obligations of business. The new approaches are in response […]