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F1a Analysis of State Consumer Data Privacy Legislation
Key Words
privacy, consumer data, state legislation, policy analysis, consumer protection, model legislation
Short Description
Data has become a valuable commodity. Consumers need strong and effective privacy protection limiting collection, use, and sharing of data to what is reasonably required to provide consumer requested service. It should have strong enforcement and avoid exemptions and exceptions that reduce consumer protection and mean that consumers have different protection for different kinds of data. This is such a new area that few definitions or strategies are agreed upon, especially in the United States. The European Union recognizes privacy as a human right and in 2018, put into effect the General Data Protective Regulation. In the United States, model legislation promoted by the Uniform Law Commission is known as the Uniform Personal Data Protection Act. It is designed to limit compliance and regulatory costs of providing consumer protection. Consumer Reports has a model law designed to meet consumer needs. As states are beginning to take action in the absence of federal action, this is an area where consumers and industry agree on little. This paper analyzes the legislation passed to date in the US, comparing it with the European version, and outlining critical consumer protections for use in states that consider such legislation in the future.