Tech Policy Press’ Post

Listen to and read EPIC Deputy Director Caitriona Fitzgerald's assessment of the state privacy and tech policy landscape and what's on the horizon in Tech Policy Press's "US State Tech Policy in 2025" series:

📜 Privacy in the U.S. is at a turning point. With Republicans controlling the White House and Congress, what’s next for privacy—and your brand? Federal privacy legislation has been “just around the corner” for years, but political gridlock (hello, preemption and private right of action) keeps blocking the road. Will this new power dynamic finally break the stalemate? Here’s what we’re seeing: 🔍 State laws will keep shaping the game—think Texas’s surprisingly robust law, California’s privacy gold standard, and the patchwork maze in between. 🤖 AI regulation won’t go away, but broad crackdowns are unlikely under Republican leadership. Instead, expect scrutiny in areas like content moderation and data misuse. ⚖️ Federal preemption debates could heat up. Will Congress override stricter state laws to “simplify” compliance? (California won’t back down without a fight.) Dive into the carousel for expert insights from the #PrivacyHuddle with Alysa Hutnik and Jonathan Joseph. 💡 How are you preparing for what’s next? Let us know 👇

My feed is flooded with posts from lawyers and law firms sharing the text of APRA, a newly proposed US federal privacy bill. Thanks to everyone, I now have 75,000 copies of it. Among the various analyses, Alysa Hutnik’s breakdown of the bill is the most straightforward and insightful. I found notable inconsistencies in the text, particularly regarding sensitive data and personalized advertising, which will require clarification or edits. Overall, the primary strength of this bill lies in its simplicity and directness. It’s major weakness is that it is a bit of an everything bill (ai, data breach, privacy, civil rights) masquerading as a privacy bill.

The American Privacy Rights Act (draft; Rodgers and Cantwell) sets clear, national data privacy rights and protections for Americans, eliminates the existing patchwork of state data privacy laws, and establishes robust enforcement mechanisms to hold violators accountable. In theory, inclusion in this legislation of a private right of action for individuals makes privacy a consumer right; in practice, however, this question remains: will the proposed Act result in the meaningful ability for consumers to enforce that right?

As data privacy continues to evolve, nearly 20 states have passed or proposed laws that significantly impact how companies collect, process, and share data. This year alone, Utah, Florida, Texas, Oregon, and Montana have introduced new regulations that could change how companies operate.   In an article for Law360, Madeleine Findley, Michelle Kallen, David Layden, and Daniel Echeverri examine these new laws and the steps companies should take to comply with state regulation and enforcement.   Read more: https://lnkd.in/gh9YH-sp   #DataPrivacy #ConsumerPrivacy #PrivacyRegulation

Wondering what to make of the #qantas app mishap today ? Take an hour out of next week to sit in on one of Griffin Legal’s Privacy Week seminars ⬇️ details of the sessions and how to register are below ⬇️ Griffin Legal

“The California Privacy Protection Agency's proposed automated decision-making technology regulations aim to increase transparency around when and where automated decisions are employed while allowing consumers to exercise their rights.” https://lnkd.in/eiBvMc9e

I don’t think I’m alone in feeling like everyday I see news of a business or Government department facing a new data breach issue. People are becoming increasingly more concerned about how businesses and Governments use and protect our personal data, and frankly, they should be. I’m excited to be a part of Griffin Legal who have experts and a responsive legal team providing pragmatic advice and solutions about all things privacy to a diverse range of clients. For #PrivacyAwarenessWeek next week, Griffin Legal are hosting free webinars, don’t miss out! Details are: 📹 10:30 - 11:30am Tuesday 7 May (Government focus) 📹 10:30am - 11:30am Wednesday 8 May (Business/NGO focus) The webinars will cover: 👉 What it takes to be a privacy leader and get privacy right 👉 Regulations of AI in a privacy context 👉 How to protect your agency/organisation from a data breach 👉 How to respond to a data breach Link is here to sign up: https://lnkd.in/gF63uD3s

I have recently discussed the Privacy Act amendment and its impact on businesses. One key change allows the commissioner to develop new codes to adapt to evolving technology. I use the sample of devices being developed that scan brain activity - surprising many who feel it sounds like science fiction. 😀 The CCPA has just seen an intriguing amendment. This bill modifies the California Consumer Privacy Act, empowering consumers with rights over personal data. "Personal information" now explicitly encompasses neural data, defined as activity from a consumer's nervous system, not inferred from other sources. A significant step ahead in data privacy regulation. https://lnkd.in/g9Ni6APk #PrivacyAct #DataPrivacy #CCPA #NeuralData #BusinessImplications

"The bills seek the toughest restrictions in the nation on A.I., which some technologists warn could kill entire categories of jobs, throw elections into chaos with disinformation, and pose national security risks. The California proposals, many of which have gained broad support, include rules to prevent A.I. tools from discriminating in housing and health care services. They also aim to protect intellectual property and jobs." #ai #artificialintelligence #policy #technology #California #regulation https://lnkd.in/eRFrmXAE