Data Privacy

Over the last several years, there has been a monumental shift in how regulators, companies and consumers think about data privacy and security. Companies face an untenable and growing number of state privacy, cybersecurity and data breach laws that offer significant enforcement authority to federal and state regulators while opening the door for opportunistic plaintiffs’ lawyers to seek large settlements, even when there is no apparent harmRead More...

State privacy laws impose different (and sometimes contradictory) standards, including what types of notice and consent are required for what types of information, and when and how victims of data breaches must notify their customers. Customers may also not be required to demonstrate monetary or property losses in order to seek damages for an alleged violation. Even a technical violation of certain laws could be grounds for a private action.

A standard federal data privacy law would provide much-needed certainty for businesses and protect them from abusive and overlapping enforcement. The Federal Trade Commission should be the sole authority of data privacy enforcement, and should work to prevent and punish behavior that actually harms consumers. Finally, a federally enforced privacy framework should not create a private right of action, which would only add to the tremendous lawsuit cost Americans already pay, while enriching lawyers and providing very little value for consumers.

Emerging technologies also suffer from outdated or poorly-conceived laws and regulations. This leaves the door open for plaintiffs’ lawyers attempting to create regulation through litigation, bogging down the economy with lawsuits. Instead, lawmakers and regulators should implement rational policy changes that strike the right balance between innovation and consumer protection, so that we have a legal environment that supports—not stifles—the creative potential of the American economy.

01/01/2019

Suggested Resources

Research
  • ILR Briefly COVID-19 Series: Liability Overview

    ILR Briefly COVID-19 Series: Liability Overview

    April 23, 2020

    As Americans and businesses of all sizes are working together to get through the COVID-19 health crisis, plaintiffs' lawyers have already begun filing COVID-19-related lawsuits. Limiting litigation abuse is essential to making available the tools and resources needed to combat the virus, and ultimately to spurring economic recovery once the immediate health crisis has been resolved. This edition of ILR Briefly explores the current and anticipated types of litigation coming out of the COVID-19 pandemic. Read More

  • Mapping a Privacy Path: Liability and Enforcement Recommendations for States

    Mapping a Privacy Path: Liability and Enforcement Recommendations for States

    December 12, 2019

    When it comes to data privacy, the only way to effectively protect consumers' personal information while providing certainty and clarity to businesses is to create a single, preemptive, federal data privacy standard. However, until and unless Congress can provide such a standard, state lawmakers are obliged to step in and create state-level protections. Recognizing this reality, ILR's research offers state legislators a guide to limit unintended consequences of state privacy and security laws by preventing unnecessary litigation. Read More

All Results for Data Privacy

  1. ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020 | Research

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries.... Read More

  2. ILR Briefly COVID-19 Series: Liability Overview

    April 23, 2020 | Research

    As Americans and businesses of all sizes are working together to get through the COVID-19 health crisis, plaintiffs' lawyers have already begun filing COVID-19-related lawsuits. Limiting litigation abuse is essential to making available the tools and resources needed to combat the virus, and ultimately to spurring economic recovery once the immediate health crisis has been resolved. This edition of ILR Briefly explores the current and anticipated types of litigation coming out of the COVID-19 pandemic.... Read More

  3. In the News Today - April 7, 2020

    April 07, 2020 | News

    Google Joins With U.K. Researchers to Track Coronavirus... Read More

  4. In the News Today - February 19, 2020

    February 19, 2020 | News

    "The Coming Wave of California Consumer Privacy Act Lawsuits"... Read More

  5. In the News Today - February 10, 2020

    February 10, 2020 | News

    Judge Who Blocked Calif. Arbitration Law Says it Conflicts With Federal Law; "Three Lessons From BIPA for Data Privacy Legislation"... Read More

  6. In the News Today - February 7, 2020

    February 07, 2020 | News

    Legislation Banning "Phantom Damages" Moving Through Florida Legislature; Lawsuit Over Salesforce Breach Could Set The Tone for CCPA... Read More

  7. BIPA Settlement Should Keep Companies Up At Night, Lawyer Says

    February 06, 2020 | News

    A data privacy class action defense attorney told Legal Newsline that a recent $500 million Illinois Biometric Information Privacy Act (BIPA) settlement "should be keeping [companies] up at night."... Read More

  8. BIPA "Bares Its Teeth" Through Massive Settlement

    January 31, 2020 | News

    Illinois' unique Biometric Information Privacy Act (BIPA), through which private lawyers can sue companies without having to prove actual harm, "bare[d] its teeth" through the massive $550 million Facebook settlement, Law360 said. ... Read More

  9. SCOTUS Won't Hear Biometric Privacy Case

    January 23, 2020 | News

    The U.S. Supreme Court declined to hear a challenge to Illinois' unique Biometric Privacy Information Act, Law360 reports.... Read More

  10. In the News Today - January 17, 2020

    January 17, 2020 | News

    "The New Class Action Frontier Under Illinois Privacy Law"... Read More