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Emerging technologies also suffer from outdated or poorly-conceived laws and regulations.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.

Suggested Resources

Research
  • Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies

    Torts of the Future: Addressing the Liability and Regulatory Implications of Emerging Technologies

    March 29, 2017

    Torts of the Future examines the emerging technology sectors of autonomous vehicles, commercial drones, private space exploration, the "sharing economy," and the Internet of Things, and assesses the existing regulatory and litigation environments and future liability trends for each. The paper also draws from experience in each area to present guiding principles for addressing the liability and regulatory implications of emerging technologies. Read More

  • Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

    Engineered Liability: The Plaintiffs' Bar's Campaign to Expand Data Privacy and Security Litigation

    April 19, 2017

    As data breaches are becoming more commonplace, the plaintiffs' bar is engineer a staggering expansion of liability in the areas of privacy and data security. Class action lawyers are pursuing data privacy cases and amassing fortunes even where no one has been harmed. This paper examines the data privacy and security legal landscape, plaintiffs' bar tactics, major cases and settlements, and a suggested framework for reform. Read More

All Results for Data Privacy

  1. Attorneys Ask If California's New Privacy Law Will Become "The New TCPA"

    May 29, 2019 | News

    Attorneys with the Squire Patton Boggs law firm say the California Consumer Privacy Act (CCPA) "is likely to create a wave of litigation and class action" similar to the Telephone Consumer Protection Act (TCPA).... Read More

  2. In the News Today - May 23, 2019

    May 23, 2019 | News

    Defense Counsel: Class Action Risk "Difficult to Overstate" In Proposed Mass. Privacy Law; "Tips For Using DOJ Guidance In A Compliance Program"... Read More

  3. In the News Today - May 22, 2019

    May 22, 2019 | News

    ALI Tables Most of Its Consumer Contracts Restatement; Attorneys Say Calif. Data Law, Class Actions an "Awful Combination"... Read More

  4. "Calif. Privacy Law Will Likely Prompt Flood Of Class Actions"

    May 21, 2019 | News

    A Sidley Austin law firm partner writes that the California Consumer Privacy Act (CCPA) has "has potentially far-reaching implications for class action litigation and will not go unnoticed by the plaintiffs' bar."... Read More

  5. Liability-Expanding Bill Fails In California Senate

    May 20, 2019 | News

    According to Corporate Counsel, a bill that would have expanded liability under California's new Consumer Privacy Act failed a procedural vote in the state's Senate last week.... Read More

  6. Update To California's Privacy Law Pulled Off Floor

    April 29, 2019 | News

    Update To California's Privacy Law Pulled Off Floor... Read More

  7. In the News Today - April 4, 2019

    April 04, 2019 | News

    DOJ Chief Privacy Officer Calls for Single, Preemptive Federal Data Privacy Law... Read More

  8. Proposed Illinois Law May Rein In Biometric Data Lawsuits

    April 03, 2019 | News

    A bipartisan pair of Illinois state senators has introduced a bill that could rein in the mounting litigation over the state's Biometric Information Privacy Act, Biometric Update reports.... Read More

  9. Illinois Law Blocks Residents From Buying Some New Technologies

    April 02, 2019 | News

    The Illinois Biometric Privacy Act has shut out new consumer and home security products from being sold in the state, CNET reports.... Read More

  10. In the News Today - March 28, 2019

    March 28, 2019 | News

    Florida Lawmakers Consider Whether to Follow Illinois, Open Lawsuit Floodgates... Read More