February 6, 2023

Volume XIII, Number 37

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February 06, 2023

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U.S. Chamber of Commerce Against Private Right of Action in Privacy Legislation

Although the U.S. Chamber of Commerce (the Chamber) “strongly urges Congress to pass durable, bipartisan national privacy legislation that protects all Americans equally,” it will “strongly oppose legislation that fails to provide meaningful preemption or any proposal that creates a blanket private right of action,” according to a letter sent to Senators yesterday.

The letter further urges that a national privacy law be thoughtful and strong to avoid a patchwork of state laws that cause confusion and “places small businesses at a disadvantage by forcing compliance with a complex set of data regulations.”

The Chamber further stated that “[A] national data protection law including a private right of action would encourage a cottage industry of attorneys filing abusive lawsuits to obtain mandated fees, create further confusion as privacy rights are interpreted on a district basis, and hinder data-driven innovation.” Instead, the Chamber advocates that a national data privacy law “should be enforced by the Federal Trade Commission with adequate funding and due process protections as well as state attorneys general.”

There appears to be bipartisan momentum in Congress to enact a national data privacy law. We will see if that happens before other states fill the gap by enacting their own comprehensive data privacy laws, as Nevada, California, Virginia, Colorado, Utah and Connecticut have done.

Copyright © 2023 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XII, Number 153
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About this Author

Linn F. Freedman, Robinson Cole Law Firm, Cybersecurity and Litigation Law Attorney, Providence
Partner

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She provides guidance on data privacy and cybersecurity compliance to a full range of public and private clients across all industries, such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine, and charitable organizations. Linn is a member of the firm's Business Litigation Group and chairs its Data Privacy + Cybersecurity Team. She is also a member of the Financial Services Cyber-Compliance Team (CyFi ...

401-709-3353
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