While it’s true that only five states (California, Colorado, Connecticut, Utah, and Virginia) have been able to pass a comprehensive law to date, many states are trying. But if that’s what the states must do, then that’s what they have to do.Ĭalifornia started the domino effect. Of course, companies would rather comply with one single federal standard than hire an attorney to look at every single statewide statute with which they must comply. Rather than wait, state lawmakers have felt nudges from consumers, consumer advocates, and even companies to set their own rules.
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That’s because the federal government hasn’t been able to find consensus on how to legislate broadly. is experiencing a massive drive toward pushing privacy legislation at the state level. In addition to sectoral privacy laws, the U.S. Some apply only to governmental entities, while others apply only to private entities, and some apply to both. state attorneys general oversee data privacy laws governing the collection, storage, safeguarding, disposal and use of personal data collected from their residents, especially regarding data breach notifications and the security of Social Security numbers. has hundreds of sectoral data privacy and data security laws among its states. The Fair Credit Reporting Act (FCRA), which regulates the collection and use of credit information.The Gramm Leach Bliley Act (GLBA), which governs personal information collected by banks and financial institutions.The Health Insurance Portability and Accounting Act (HIPAA), which governs the collection of health information.The Children's Online Privacy Protection Act (COPPA), which governs the collection of information about minors.Other federal laws that govern the collection of information online include: Engage in misleading advertising practices.Violate consumer data privacy rights by collecting, processing or sharing consumer information.Fail to provide sufficient security for personal data.Make inaccurate privacy and security representations (lying) to consumers and in privacy policies.Transfer personal information in a manner not disclosed on the privacy policy.Fail to follow a published privacy policy.Fail to abide by any applicable self-regulatory principles of the organization's industry.Fail to implement and maintain reasonable data security measures.For example, the FTC might take impose action against organizations that: Regardless, while the FTC does not explicitly regulate what information should be included in website privacy policies, it uses its authority to issue regulations, enforce privacy laws, and take enforcement actions to protect consumers. Its authority to regulate on behalf of consumer protections comes from The Federal Trade Commission Act (FTC Act), which has broad jurisdiction over commercial entities under its authority to prevent unfair or "deceptive trade practices." In 2021, a proposal that would grant the FTC an additional $500 million got shelved, but there's talk that the FTC may finally get the budget, resources, and personnel it needs to perform as the country's de-facto privacy regulator.
Until it passes, however, there's a complex patchwork of sector-specific and medium-specific laws, including laws and regulations that address telecommunications, health information, credit information, financial institutions, and marketing.Īn important enforcement agency in the U.S. data privacy laws Despite numerous proposals over the years, there is no one comprehensive federal law that governs data privacy in the U.S., yet - we have a new proposed federal privacy law, the American Data Privacy Protection Act (ADPPA), that has made it further than any of its predecessors. Here are the laws and regulations you should be aware of for 2022. Navigating these laws and regulations can be daunting, but all website operators should be familiar with data privacy laws that affect their users. Failure to follow applicable data privacy may lead to fines, lawsuits, and even prohibition of a site's use in certain jurisdictions. Virtually every country has enacted some sort of data privacy laws to regulate how information is collected, how data subjects are informed, and what control a data subject has over his information once it is transferred.
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