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Emerging technologies also suffer from outdated or poorly-conceived laws and regulations.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
  • Ill-Suited: Private Rights of Action and Privacy Claims

    Ill-Suited: Private Rights of Action and Privacy Claims

    July 11, 2019

    Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection. Read More

  • 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

All Results for Data Privacy

  1. New ILR Research Finds Private Rights Of Action Are "Inefficient and Ineffective"

    July 15, 2019 | News

    A new research paper released by the U.S. Chamber Institute for Legal Reform (ILR) found that "private rights of action are inefficient and ineffective," particularly when used to address data privacy concerns.... Read More

  2. New Study: Lawsuits Are Poor Tools for Protecting Privacy

    July 15, 2019 | Press Release

    A new study released by the U.S. Chamber Institute for Legal Reform (ILR) shows what happens when plaintiffs' lawyers are given the green light to enforce privacy laws through private rights of action: clogged courts, less innovation and no real benefit to consumers. ... Read More

  3. Data Done Right Video

    July 11, 2019 | Video | Watch

  4. Ill-Suited: Private Rights of Action and Privacy Claims

    July 11, 2019 | Research

    Private rights of action (PRAs) are highly problematic: the plaintiffs' bar benefits significantly from America's lawsuit system, while consumers are left with little. PRAs are especially poor tools for addressing privacy issues, which are better left to regulators with relevant expertise and perspective to shape and balance penalties, deterrence, innovation, and consumer protection.... Read More

  5. In the News Today - July 10, 2019

    July 10, 2019 | News

    European Court of Justice Warned That Lawsuit's Effect On Trade "Would Be Immense"... Read More

  6. "Divergent State Privacy Laws Show Need For Federal Solution"

    July 10, 2019 | News

    Attorneys with the Akin Gump Strauss Hauer & Feld law firm write in Law360 that without a national, uniform data privacy standard, a "complex web of laws" will "pose significant challenges to businesses with multistate and national footprints."... Read More

  7. In the News Today - July 9, 2019

    July 09, 2019 | News

    Highly-Watched EU Data Lawsuit Begins Today... Read More

  8. In The News Today - July 2, 2019

    July 02, 2019 | Blogs

    GDPR "Holding European Businesses Back," Data Think Tank Analyst Says; TPLF Driving Growth of Australian Class Actions... Read More

  9. In the News Today - June 24, 2019

    June 24, 2019 | News

    A Look at U.S. Data Privacy Laws One Year After GDPR... Read More

  10. In the News Today - June 18, 2019

    June 18, 2019 | News

    Ninth Circuit Affirms Dismissal of Illinois Biometric Lawsuit; Prop. 65 Lawyers Press On Despite New Coffee Ruling... Read More