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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FPF Files Comments to Inform New California Privacy Rulemaking Process
On Monday March 27, the Future of Privacy Forum (FPF) filed comments with the California Privacy Protection Agency to inform the Agency’s forthcoming rulemaking to implement the California Privacy Rights Act amendments to the California Consumer Privacy Act’s provisions on cybersecurity audits, risk assessments, and automated decisionmaking. FPF’s comments are directed towards ensuring that individuals […]
FPF Files Comments with the National Telecommunications and Information Administration (NTIA) on Privacy, Equity, and Civil Rights
On March 6, the Future of Privacy Forum filed comments with the National Telecommunications and Information Administration (NTIA) in response to their request for comment on privacy, equity, and civil rights. NTIA’s “Listening Sessions on Privacy, Equity, and Civil Rights,” drew attention to the well-documented and ongoing history of data-driven discrimination in the digital economy. […]
Utah Considers Proposals to Require Web Services to Verify Users’ Ages, Obtain Parental Consent to Process Teens’ Data
Update: On March 23, Governor Spencer Cox signed SB 152 and HB 311. While amendments were made to both bills, the concerns raised in FPF’s analysis remain. SB 152 leaves critical provisions, such as methods to verify age or obtain parental consent, to be established in further rulemaking, but questions remain regarding whether these can […]
FPF Provides Input on Draft Colorado Privacy Act Regulations
On September 30th, The Colorado Department of Law released draft regulations to implement the Colorado Privacy Act. The Future of Privacy Forum (FPF) filed written comments in response to the proposed rules on November 7th. Furthermore, FPF’s Keir Lamont and Felicity Slater participated in public stakeholder sessions hosted by the Colorado Attorney General’s Office as […]
FPF Urges Federal Trade Commission to Craft Practical Privacy Rules
FPF Comments Regarding FTC ANPR Urge the Commission to Provide Individuals with Strong, Enforceable Rights and Companies with Greater Clarity about their Obligations under Section 5 of the FTC Act. The Future of Privacy Forum filed comments regarding the Federal Trade Commission’s Advance Notice of Proposed Rulemaking, recommending that the Commission prioritize practical rules that […]
FPF Addresses ‘Opt-Out Preference Signals’ in Comments on California Draft Privacy Regulations
Yesterday, the Future of Privacy Forum (FPF) filed comments with the California Privacy Protection Agency regarding the Agency’s initial set of draft regulations to implement the California Privacy Rights Act amendments to the California Consumer Privacy Act. FPF’s comments are directed towards ensuring that both individuals and businesses have clarity for the implementation and exercise […]
FPF Files Comments on White House Office of Science and Technology Policy Actions to Advance Privacy-Enhancing Technologies
FPF Files Comments on White House Office of Science and Technology Policy Actions to Advance Privacy-Enhancing Technologies On July 8, 2022, FPF filed comments with the White House Office of Science and Technology Policy (OSTP) regarding specific actions that would advance the adoption of privacy-enhancing technologies (PETs). As emerging technologies continue to offer increased speed, […]
FPF Files Comments on Colorado Privacy Act Pre-Rulemaking Activity
Today, the Future of Privacy Forum (FPF) filed comments with the Colorado Department of Law regarding forthcoming rulemaking under the Colorado Privacy Act (CPA). The CPA, which goes into effect in July 2023, will establish important new data privacy rights, controls, and protections for individuals in Colorado. FPF’s comments are directed toward ensuring that forthcoming […]
FPF Testifies Before House Subcommittee on Energy and Commerce, Supporting Congress’s Efforts on the “American Data Privacy and Protection Act”
This week, FPF’s Senior Policy Counsel Bertram Lee testified before the U.S. House Energy and Commerce Subcommittee on Consumer Protection and Commerce hearing, “Protecting America’s Consumers: Bipartisan Legislation to Strengthen Data Privacy and Security” regarding the bipartisan, bicameral privacy discussion draft bill, “American Data Privacy and Protection Act” (ADPPA). FPF has a history of supporting […]
FPF Weighs in on Automated Decisionmaking, Purpose Limitation, and Global Opt-Outs for California Stakeholder Sessions
This week, Future of Privacy Forum policy experts provided testimony in California public Stakeholder Sessions to provide independent policy recommendations for the California Privacy Protection Agency (CPPA). The Agency heard from a variety of speakers and members of the public, on a broad range of issues relevant to forthcoming rulemaking on the California Privacy Rights […]