FPF on the Securing and Establishing Consumer Uniform Rights and Enforcement Over Data (“SECURE Data”) Act

The U.S. is overdue to adopt comprehensive federal consumer privacy legislation. Baseline protections for personal information in a federal privacy law would provide an essential foundation for progress on other Congressional priorities, including AI governance and youth online safety, and it’s encouraging to see Congress renewing its attention to this topic. In the absence of a federal law, twenty-one states have enacted comprehensive privacy laws that, while varying in detail, have generally converged around a common framework. The “SECURE Data Act” largely follows that consensus model, which could facilitate compliance for businesses already navigating state requirements. However, several states have taken different approaches or amended their laws in recent years, including expansions related to health data, minors’ data, and geolocation—raising questions about the extent to which a federal baseline should reflect these alternatives. Arriving at consensus will require careful analysis of which state provisions represent essential protections versus regulatory variation, and consultation with diverse stakeholders including industry, consumer advocates, state regulators, and technical experts. – Matthew Reisman, FPF Vice President for U.S. Policy