Müge Fazlioglu (International Association of Privacy Professionals (IAPP)) has posted Negotiating Privacy: Bipartisan Agreement on US Privacy Rights in the 117th Congress (IAPP White Paper 2022) on SSRN. Here is the abstract:
For many years, the subject of U.S. privacy legislation has been one of interest for boards, companies, law and policymakers, industry groups, privacy advocates, academics, and many other stakeholders. Numerous proposals and drafts of federal legislation have circulated and as many events, symposia and hearings on Capitol Hill have been held. Yet, despite efforts over multiple sessions, members of Congress have still not reached legislative agreement on what privacy rights should be enshrined at the federal level.
This white paper examines the progress made in Congress toward bipartisan agreement on privacy rights over the current legislative session, analyzing the 18 bipartisan federal privacy bills (see Appendix) introduced in the 117th Congress.
As a complement to the IAPP “U.S. Federal Privacy Legislation Tracker,” which includes privacy-related bills within the current Congress, the focus in this analysis is limited to bills that have received support from both Democrats and Republicans. The aim is to understand why certain pieces of privacy legislation have broader support among lawmakers and how they differ from proposals that have received support from only one party.
The analysis divides the proposed legislation into several groups: 1. Those that focus on collection, use and sale of consumer data. 2. Those that relate to health (including COVID-19 and “vaccine passports”), financial or educational/children’s data. 3. Those that concern the Federal Trade Commission and its privacy enforcement mandate and authority. 4. Those that impose obligations or restrictions upon the collection and/or use of data by government entities or law enforcement agencies.
