Top Privacy Law Issues in 2022 as Congress Debates a Federal Law - JD Supra

Will 2022 be the year for a national privacy law? We are seeing new federal proposals, ongoing negotiations about key issues such as a private right of action and state pre-emption, and new activity at the state level. There is still a long way to go, and 2022 isn’t likely to be the year - but watch for 2023.

Here are five key issues to watch next year as this debate evolves.

Originally published in Bloomberg Law - December 28, 2021.

Please see full Article below for more information.

that will shape any national privacy law. He recommends watching action at the state level, bias

Will 2022 be the year for a national privacy law? We are seeing new federal proposals, ongoing

activity at the state level. There is still a long way to go, and 2022 isn’t likely to be the year—but

It is clear that one of the key pressure points for Congress is the activity in states concerning

importantly) various constituency groups are paying attention to the states. With each passing

At the same time, while there clearly are similarities between these laws, there also are critical

A new Massachusetts proposal—which seems to be getting some traction—could be, in the

My view remains that, if three to six major states pass a law along the lines of the CCPA—in any

There is increasing criticism from a broad range of constituencies about the role of the traditional

As of yet, however, other than in some prominent academic circles and other advocacy, no

The Virginia law provides that no processing of sensitive data can emerge without consumer

I have written about the possibilities of a context based option, but these concepts have not for

The Federal Trade Commission, under new leadership, is engaged in a widespread set of actions

Congress may also give the FTC authority for penalties under Section 5 in the first instance

At the same time, several current bills in Congress give primary regulatory authority under a

The Biden administration also has embarked on its own initial efforts to develop some specific

This raises the key question of whether Congress will try to address these bias and discrimination

Will Congress tackle this enormously complicated issue in a national privacy law as well as all

As a last key issue, how will Congress try to address the increasing concern in the EU and other

concern—emanating from the Schrems 2 decision—is how the U.S. government can access data

Few—if any—of the major privacy bills that have been introduced address this issue in any

This column does not necessarily reflect the opinion of The Bureau of National Affairs, Inc. or its

Kirk J. Nahra is a partner with WilmerHale in Washington, D.C., where he is the co-chair of the

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source: https://www.jdsupra.com/legalnews/top-privacy-law-issues-in-2022-as-6186737/

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