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Data Privacy

Ensuring Business Innovation While Protecting Consumer Privacy

Data Privacy

The U.S. Chamber supports a unified national data privacy framework to protect consumer data, promote transparency, and provide regulatory certainty in the marketplace.

Consumers deserve to have their privacy protected, and businesses need certainty to provide the best products and services, including those specifically designed to improve public health and promote economic recovery.

A Patchwork of Laws

An emerging patchwork of state privacy laws threatens to hinder America’s technological leadership.

Companies, particularly small businesses, would face unprecedented uncertainty around compliance with potentially conflicting laws. For consumers, confusion weakens an individual’s ability to exercise their rights.

That’s why the U.S. Chamber supports the passage of national privacy legislation that protects all Americans equally, and provides more clarity for consumers and businesses alike.

State Privacy Activity in 2022

General Update
Carrying Over 2021 Legislation
Legislation Introduced in 2022
Passed One House in 2022
Signed into Law in 2022

Visualization created by U.S. Chamber of Commerce

Summary Designations

Although there are multiple models indicated on the heat map, there are currently four models that have passed in state legislations: 

  • CCPA Model (C)—This model includes access, deletion, and opt out rights for data sales. It also includes anti-discrimination provisions for exercising consumer rights and provides a private right of action for data breach-type incidents. 
  • Virginia Model (V)—This model includes access, correction, deletion and opt out rights for processing that has a legal result, targeting advertising, or data sales. Opt-in is required for sensitive data processing and there are data processing limitations. The law also requires impact assessments. There is no private right of action and the Attorney General is the primary enforcer. 
  • Colorado Model (Co)—This model is similar to the Virginia model but includes rules around dark patterns and global opt out mechanisms. 
  • Utah Model (Ut)—This model mirrors the Virginia model in several ways although it does not provide opt out rights for profiling that creates a legal result or impact. The bill also does not require impact assessments.

Tell Congress

As the data-driven economy continues to drive us forward, we need public policy that can keep pace.

Unfortunately, states are taking up potentially conflicting privacy laws that make it difficult for small businesses to compete.

Tell your members of Congress to pass a national federal data-privacy policy that eliminates a confusing maze of state laws and promotes innovation, regulatory certainty, and respect for individual privacy.

The 10 Principles of Data Privacy

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