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 […]
Privacy Trends: Four State Bills to Watch that Diverge from California and Washington Models
During 2021, state lawmakers have proposed a range of models to regulate consumer privacy and data protection. As the first state to pass consumer privacy legislation in 2018, California established a highly influential model with the California Consumer Privacy Act. In the years since, other states have introduced dozens of nearly identical CCPA-like state bills. […]
Automated Decision-Making Systems: Considerations for State Policymakers
In legislatures across the United States, state lawmakers are introducing proposals to govern the uses of automated decision-making systems (ADS) in record numbers. In contrast to comprehensive privacy bills that would regulate collection and use of personal information, automated decision-making system (ADS) bills in 2021 specifically seek to address increasing concerns about racial bias or […]
Emerging Patchwork or Laboratories of Democracy? Privacy Legislation in Virginia and Other States
Stacey Gray, Pollyanna Sanderson & Samuel Adams In the absence of federal privacy legislation, U.S. states are weighing in. In Virginia, the “Consumer Data Protection Act” (“CDPA”) (HB 2307 / SB 1392) could be signed into law within weeks, and if passed, would take effect on Jan. 1, 2023. If the law passes, it would […]
FPF Presents Expert Analysis to Washington State Lawmakers as Multiple States Weigh COVID-19 Privacy and Contact Tracing Legislation
In response to the ongoing public health emergency, over the past few months state legislatures in the United States have diverted their resources towards establishing state and local reopening plans, allocating federal aid, and promoting public trust and public participation by addressing concerns over privacy and civil liberties. Many states have introduced bills which […]
Closer than Apart: Comparing Senate Commerce Committee Bills
Together with Senator Cantwell (D-WA)’s bill, the Consumer Online Privacy Rights Act, Senator Wicker’s Discussion Draft represents a significant movement toward bipartisan negotiations in the Senate. But how do the two bills, one from leading Democrats, and one from the Republican Chairman, compare to each other? We find them to be closer together on most issues than they are apart: a promising sign for bipartisan negotiation.
Comparing the Data Broker Bill to the Consumer Privacy Bill of Rights
Considering the privacy concerns raised by data brokers, we thought it would be useful to compare how data brokers are treated under Senator Edward Markey’s recent data broker bill, which has considerable support from privacy and consumer advocates (as well as Senators Blumenthal, Franken, and Whitehouse), and under the Consumer Privacy Bill of Rights. The different receptions […]