privacy legislation

This week, the Connecticut legislature passed Senate Bill 6, an ‘Act Concerning Personal Data Privacy and Online Monitoring.’ If SB 6 is enacted by Governor Lamont, Connecticut will follow California, Virginia, Colorado, and Utah as the fifth U.S. state to adopt a baseline regime for the governance of personal data. The law would come into […]

This week, the Utah legislature passed the Utah Consumer Privacy Act (SB 227). If enacted by Governor Spencer Cox, Utah will follow California, Virginia, and Colorado as the fourth U.S. state to establish a baseline regime for the protection of personal data. The law would come into effect in December 2023. “While the Utah Consumer […]

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 […]

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 […]

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 […]

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 […]

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 […]

Author: Felicity Slater Felicity Slater is a rising 3L law student at Boston University School of Law and FPF Legal and Policy Intern. In June 2021,  the Supreme Court handed down TransUnion v. Ramirez, 594 U.S. ___ (2021), its latest decision concerning Article III standing, which determines a plaintiff’s eligibility to sue in federal court. Even […]

This post is part of an ongoing series on federal preemption and enforcement in United States federal privacy legislation. See Preemption in US Privacy Laws (June 14, 2021). In drafting a federal baseline privacy law in the United States, lawmakers must decide to what extent the law will override state and local privacy laws. In […]

This post is the first in an ongoing series on federal preemption and enforcement in United States federal privacy legislation. As federal lawmakers consider proposals for a federal baseline privacy law in the United States, one of the most complex challenges is federal preemption, or the extent to which a federal law should nullify the […]