[In:Confidence Digital] The US Data Privacy Landscape 2020 and Beyond

The U.S. famously lacks comprehensive federal privacy legislation. However, since the enactment of the California Consumer Privacy Act (CCPA), many states have introduced bills to offer consumers similar, or greater, privacy protections. The majority of state-level proposals take inspiration from the CCPA. However, two other models have also emerged. First, the Washington Privacy Act, which recently failed for a second time, resembles the general framework of the GDPR. Second, New York has put forward the concept of “information fiduciary duties” as an alternative approach to regulating information privacy in the United States. In what ways have legislative efforts at the state level, and international privacy and data protection laws, created momentum for comprehensive federal privacy legislation, and to what extent is Congress developing its own unique approach? From 2018 onward, many model bills and bipartisan federal proposals have been introduced to Congress, with notable agreement in terms of the basic framework between Republicans and Democrats. With overwhelming bipartisan support on the underlying policy objectives, is there reason to be optimistic about the future enactment of comprehensive federal privacy legislation? This session will examine recent proposals at the state and federal level to address privacy legislation in the United States. Participants will learn about state and federal proposals for comprehensive privacy legislation in the United States, including areas of consensus and ongoing discussion Participants will learn about what is driving momentum for privacy legislation in the United States