U.S. Privacy Law Models Across the States With Keir Lamont
Mar 7, 2024
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Experts discuss the complexities of state privacy laws in the U.S., with a focus on how different states are influencing each other. They cover the evolution of state laws, including California's model, and the impact on data collection and online advertising practices. The episode also explores personal advocacy for privacy and the importance of tailoring privacy programs to individual needs.
States are enacting comprehensive privacy laws focusing on defining and protecting sensitive personal data, with a trend towards continuous legislative updates.
Understanding varying state privacy law models helps in compliance and navigating regulations, with different levels of consumer protections and requirements.
Deep dives
Trends in State Privacy Laws
State privacy laws are evolving, with an increasing number of states enacting comprehensive privacy laws. These laws often focus on defining and protecting sensitive personal data, with states like Oregon, Delaware, and New Jersey adding specific categories like victim status, pregnancy, and health treatment information to the definition. Additionally, there is a trend towards continuous legislative updates and amendments after passing initial comprehensive privacy laws, showcasing a growing emphasis on refining and strengthening existing legislation.
Variability in State Privacy Law Models
States are adopting different models for their privacy laws based on existing frameworks like the California Consumer Privacy Act (CCPA) or the Washington Privacy Act. States like Utah and Iowa have narrower privacy laws with limited consumer protections, while states like Connecticut and California offer more robust provisions, such as opt-in requirements for sensitive personal data processing. Understanding and categorizing these varying models helps in compliance efforts and navigating the regulatory landscape.
Focus on Online Privacy for Children
States are increasingly addressing children's online privacy and safety, with California leading initiatives like the Age Appropriate Design Code Act. This legislation impacts how companies assess age, conduct data protection impact assessments, and mitigate risks, particularly related to targeting youth for advertising. While regulations focus on protecting minors online, there are debates on the balance between ensuring safety and avoiding legal challenges, drawing attention to the complex nature of children's privacy laws.
Enforcement and Compliance Landscape
Privacy enforcement is gaining momentum, with notable actions under laws like the California Consumer Privacy Act (CCPA) imposing penalties on non-compliant entities. The enforcement environment emphasizes online advertising practices and data sales, pushing businesses to enhance compliance efforts. While some states include a private right of action for enforcement, others rely on state attorneys general for oversight and compliance monitoring, demonstrating a diverse enforcement framework across different jurisdictions.
Keir Lamont is the Director for U.S. Legislation at the Future of Privacy Forum. In this position, he supports research and independent analysis concerning federal, state, and local consumer privacy laws and regulations. His background includes privacy and policy positions at The Ohio State University’s Moritz College of Law and the Computer & Communications Industry Association.
In this episode…
In the United States, there is a constant tension between federal and state laws. The intersection of the two has been a constant source of consternation for many regulators and litigators over the years. This is especially true for privacy laws.
As each state is defining and redefining their privacy regulations, it becomes more crucial than ever to stay on top of changes. These shifts are far from random — patterns emerge from states influencing others with their approach to privacy and data. Studying these movements can inform regulators and help prepare for the future — here is what the experts are saying on the matter.
In this episode of She Said Privacy/He Said Security, Jodi and Justin Daniels speak with Keir Lamont, the Director for U.S. Legislation at The Future of Privacy Forum, to learn more about privacy laws at the state level. They go through the unique trends, patchwork legislation, the precedent set by Washington’s My Health My Data Act, and what regulators should know going into the future.
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