Law360: States Expand Privacy Law Patchwork As Shake-Up Looms 

March 6, 2024

Caitriona Fitzgerald, deputy director at EPIC, told Law360 that the group has been pushing states to adopt model legislation that the group has put together that’s based on the ADPPA, the federal data privacy proposal that has failed to take off in Congress.  

The federal proposal contained several provisions that went beyond what’s in current state laws, including the concept of data minimization, strong civil rights protections and a private right of action that would allow consumers to bring lawsuits against companies for alleged violations. 

Fitzgerald said that support for this proposed model is starting to grow, with legislatures in Maryland, Maine and Vermont considering legislation in this vein.  

“We’re starting to see a shift in these conversations, with lawmakers really thinking about how they can place meaningful limits on what data is collected about consumers,” Fitzgerald said. “This model is resonating with state legislatures, and if some in the industry are saying they can support this framework at the federal level, why can’t they do it at the state level as well?” 

The main provision that advocacy groups are pressing to include in state bills is the concept of data minimization, which would require companies to only collect as much information as is necessary and proportionate to the service that they’re providing users or customers.

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