• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Privacy for America

Privacy for America

Furthering Accountability and Responsible Data Practices.

  • Home
  • About
  • Overview
  • Newsroom
    • Blog
    • News
    • Press Releases
  • Contact
  • LinkedIn
  • Twitter

Finding Common Ground

August 6, 2021

How we may be closer to consensus on privacy legislation than it seems.

Anyone following the data privacy conversation knows it hasn’t been an easy road. It’s hard to keep track of the various proposals and regulations that have popped up on the state, federal and international levels, and it’s hard to truly understand what each does to protect consumers.

The confusing, problematic patchwork of regulations, for both consumers and businesses, has led to sometimes competing privacy protections based on jurisdiction that make it impossible to protect consumers in the most effective way possible and created costly and conflicting obligations for businesses. The good news is that there are many provisions and concepts on which lawmakers across the country can agree.

First is that we must move away from relying solely on the old “notice and choice” or “notice and consent” models of privacy. This model places far too much of the burden on consumers to manage their privacy, including lengthy privacy policy notices that are confusing and hard for consumers to understand. Bad actors can take advantage of this system and participate in data collection practices that are ultimately harmful to consumers. Privacy protections should instead place onus on companies to act in good faith by establishing a list of prohibited data practices they must comply with to ensure consumers are protected from harmful acts.

Many also agree that the FTC is the right agency to protect consumer privacy and enforce privacy laws. At a 2020 Senate Commerce hearing, former FTC Acting Chair Maureen Ohlhausen testified that comprehensive federal privacy legislation should include the FTC as the primary enforcer of the law and equip the agency with more resources to ensure they can adequately protect consumer privacy. And several current bills in Congress would provide the FTC with additional enforcement authority and resources to protect privacy. This is because the FTC is widely recognized as the expert agency on consumer data privacy and protection. No other agency has the history, expertise or experience to enforce privacy protections the way the FTC can.

Finally, and perhaps most importantly, all stakeholders agree there is an urgent need for federal privacy legislation. Sen. Richard Blumenthal (D-CT) recently spoke about the need for a federal privacy law to protect national security and establish U.S. leadership on data privacy. Jessica Rich, former director of consumer protection at the Federal Trade Commission, recently wrote that a federal bill is long overdue in providing consumer protections in the age of the internet. And Senate Commerce minority leaders recently sent a letter to President Biden urging him to work with Congress on a federal data privacy bill to protect Americans after they’ve shifted much of their activity online due to COVID-19. Though each stakeholder has their specific reasons, there is broad consensus that Congress needs to act now.

What America ultimately needs is for stakeholders to find common ground and work together to put forth a federal bill that ensures broad-based protections for all Americans, no matter where they live. A federal bill would also provide a clear set of rules for businesses to follow to ensure they aren’t inadvertently violating one state privacy bill in service of another.

As Congress continues to debate more controversial provisions, they should remember there is more consensus on the issue of privacy than there is difference. And they should use this momentum to really come together and work out the remaining issues in service of a federal privacy bill that protects all Americans as soon as possible.

Learn about P4A’s proposed approach: https://www.privacyforamerica.com/overview/

 

Blog

Footer

Contact Privacy for America

To get in touch, please contact us.

  • LinkedIn
  • Twitter

About Privacy for America

Learn more about us.

Read our privacy policy.

View our sitemap.

© 2023 Privacy for America. All rights reserved. Site By Prairie Marketing Inc.

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT