U.S. National Privacy Legislation Podcast

By Association for Data and Cyber Governance

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Should the U.S. implement a national policy… or should regulations be left solely to 50 states? How will each impact our success on the national and international business/trading spectrum? Will our treatment of data be in accordance with EU and other trading partners laws? With leaders in this space who are close to the issues, we explore how this may unfold.

Episode Date
Daniel Solove

Daniel J. Solove is the John Marshall Harlan Research Professor of Law at the George Washington University Law School. He is also the founder of TeachPrivacy, a privacy and cybersecurity training company.  

Professor Solove provided one of the inaugural podcasts of the ADCG series and discussed the current privacy landscape including the CCPA, the EU GDPR, and the EU Court of Justice decision invalidating the US Privacy Shield.  Against this backdrop, Prof. Solove discussed whether a federal privacy law is more likely now than in the past and, if so, what such a law might cover and how close it might get to the GDPR or the CCPA. In this discussion, Prof. Solove also discusses the American Law Institute (ALI) Principles of Data Privacy, which propose comprehensive privacy principles for legislation that are consistent with key foundations in the U.S. approach to privacy, but also better align the U.S. with the EU.  The Principles will likely be influential in future policy discussions, especially with respect to notice and choice.  Finally, the podcast explores with Prof. Solove potential stumbling blocks that are likely to be encountered in discussions regarding a federal privacy law.

Oct 07, 2020
Jim Dempsey
Jim Dempsey is the Executive Director, Berkeley Center for Law and Technology and formerly held leadership roles at the Center for Democracy and Technology. Jim Dempsey provided one of the inaugural podcasts of the ADCG series and discussed the lengthy and unsuccessful attempts to enact a federal privacy law. In light of the EU GDPR, California’s passage of the CCPA, and the EU Court of Justice invalidating the US Privacy Shield, he ponders whether the U.S. needs a federal privacy law and what that might look like. The discussion covers likely stumbling blocks to a federal privacy law, such as preemption of state law and a private right of action, similar to that provided in the CCPA. As a professor of cybersecurity issues at UC Berkeley, Jim also explores the potential cybersecurity aspects of privacy legislation and the role cybersecurity requirements have played in breach notification laws.
Oct 06, 2020
Welcome to the U.S. National Privacy Legislation Podcast

This series of podcasts will explore:

  • What would national legislation look like?  On what principles would it be based?
  • What are the arguments for and against a preemptive national standard?
  • What Federal agency or agencies should  be charged with implementing a national privacy law? 
  • What role would be left to the states if a national policy were to be adopted?
  • How is Congressional debate likely to unfold?
  • What role will the Executive Branch play in this debate?
  • Will the United States, where the digital economy was born, cede leadership on data protection regulation to other countries?
  • How would a US national privacy law relate to the EU General Data Protection Regulation (GDPR)?
  • What domestic and international competitive issues are in play?

All points of view, pro and con, will be heard on these podcasts.

Show Notes:

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Sep 21, 2020