Cecily Zamora
The internet has revolutionized our lives, providing unprecedented access to information and communication. However, this increased connectivity has also brought new risks to privacy. As technological innovation has outpaced privacy protections, governments and corporations can now track our digital footprints in ways that were once unthinkable. This has led to growing pressure for policymakers to enact comprehensive privacy legislation. While some countries, like the United States, lack a comprehensive federal law governing data privacy, individual states have begun experimenting with different approaches to tech privacy, creating a patchwork of laws. For example, California's Consumer Protection Act (CCPA) offers greater specificity regarding privacy policies and procedures for users to manage their personal data. On the other hand, Big Tech has been pushing for weaker state privacy laws, as seen in Virginia, which may limit the ability of federal lawmakers to enact stronger protections. As the landscape of privacy regulations continues to evolve, it is crucial for organizations to stay compliant with privacy laws and for individuals to understand their rights and protections.
| Characteristics | Values |
|---|---|
| Laws should be comprehensive | The Federal Trade Commission (FTC) has stated that fines alone are not enough to curb the behaviour of large tech companies. |
| Laws should be federal | The ACLU is working to ensure that civil liberties are enhanced, rather than compromised, by technological innovation. |
| Laws should be strong | Some states have passed weaker privacy laws, which may set a precedent for federal legislation. |
| Laws should be clear | Big Tech companies have opposed changes to the status quo, especially regarding the clarity and understandability of privacy policies. |
| Laws should be consistent | As of March 2024, 14 states have enacted comprehensive privacy laws, creating a patchwork of emergent laws for companies to navigate. |
| Laws should be enforceable | The California Consumer Protection Act (CCPA) grants consumers the right to take legal action against tech companies, and the state attorney general can issue fines of up to $7,500 per violation. |
| Laws should be protective | The Fourth Amendment should protect against unreasonable searches, including digital property. |
| Laws should be interoperable | End users should be able to transfer their data to other systems. |
| Laws should be accessible | Users should not be required to register for additional services to access a given service. |
| Laws should be fair | Businesses should not use non-public data to compete against other businesses. |
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What You'll Learn
The right to request access and correct data
The right to request access to and correction of data is a fundamental aspect of privacy laws. This right enables individuals to obtain a copy of their personal data and supplementary information, empowering them to understand how and why their data is being used. It is a basic protection that should be included in consumer data privacy laws.
In the United States, the right to request access and correct data is guaranteed by the U.S. Privacy Act of 1974, which established rules for government agencies' collection, use, and disclosure of personal information. However, the country lacks a comprehensive federal privacy decree, resulting in a patchwork of state laws that vary in strength and scope. For instance, California's Consumer Protection Act (CCPA) and the Virginia Consumer Data Protection Act offer stronger protections, while other states, like Texas, have faced challenges in passing privacy bills due to industry opposition.
The CCPA, which took effect in 2020, grants California residents the right to notice, access, delete, and opt out of the sale of their personal data. It also allows consumers to sue companies for violations, a provision not commonly found in other state laws. California's privacy protections are considered the strongest in the U.S. due to this private right of action.
Similarly, the Virginia Consumer Data Protection Act, which will come into force in 2023, requires businesses to take reasonable steps to protect consumer data privacy, confidentiality, and integrity. This law gives Virginia residents the right to access and request corrections to their personal data.
The European Union's General Data Protection Regulation (GDPR), which came into effect in 2018, also sets strict standards for how service providers must handle personal data. It ensures data collection is transparent, secure, and obtained with individual consent. The GDPR grants individuals the right to know what personal data is collected about them and allows them to access and request its deletion.
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Protecting children's privacy
In the United States, the Children's Online Privacy Protection Act (COPPA) is one of the few federal privacy laws in place. COPPA, which took effect in April 2000 and was revised in 2013, gives parents control over what information websites can collect from their children under the age of 13. It requires parental consent for the collection or use of any personal information from these young users and applies to websites for kids and, in some cases, those aimed at general audiences. The Federal Trade Commission (FTC) enforces the COPPA Rule, which outlines the procedures that companies covered by the rule must follow.
Despite COPPA, violations of children's privacy continue. In 2019, Facebook was charged with violating the Act by encouraging children to make credit card purchases on its platform. TikTok also settled with the FTC for $5.7 million over allegations of collecting personal information from children without parental consent.
To address these ongoing issues, Senators Markey and Hawley introduced legislation in 2019 to update COPPA. The bill proposes banning internet companies from collecting personal or location information from children under 13 without parental consent and from teens ages 13-15 without the user's consent. This update aims to strengthen protections for children's personal data and ensure their privacy as more "Internet of Things" devices targeting young consumers enter the market.
In addition to federal laws, some states have enacted their own comprehensive privacy laws. For example, California's Consumer Protection Act (CCPA) offers greater specificity regarding the structure and contents of privacy policies and the procedures for users to notice, access, delete, and opt out of the sale of their personal data. CCPA also grants consumers the right to take legal action against tech companies that break the law, a provision not commonly found in other state laws.
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Warrant requirements for law enforcement
The American Civil Liberties Union (ACLU) is working to secure a warrant requirement for law enforcement access to electronic information. This would address the government's excessive secrecy surrounding its surveillance practices and promote privacy-protective technologies. The ACLU aims to ensure that the Fourth Amendment ban on unreasonable searches extends to digital property, protecting civil liberties in the face of technological advancements.
The ACLU's efforts are particularly relevant given the outdated nature of the federal law protecting electronic information, which was passed in 1986, before the World Wide Web existed. The Fourth Amendment, which protects information kept in physical spaces like desks, has yet to be fully applied to digital information such as old emails or pictures. This discrepancy has allowed the government to track individuals' digital footprints in ways that would be unthinkable in the physical world.
The ACLU's work aligns with broader trends in privacy legislation. There is increasing pressure on policymakers to address the shortcomings of sector-specific laws and create comprehensive privacy legislation. This push is evident in the actions of local jurisdictions and states, which are no longer waiting for federal leadership. As of March 2024, fourteen states have enacted comprehensive privacy laws, with California's Consumer Protection Act (CCPA) being a notable example.
The CCPA offers detailed guidelines on privacy policies and user rights, including the right to notice, access, delete, and opt out of the sale of personal data. It also grants consumers the right to take legal action against tech companies in certain circumstances. However, experts warn that Big Tech is pushing for weaker state privacy laws, which could ultimately influence federal legislation and undermine stronger state privacy protections.
The ACLU's work to secure a warrant requirement for law enforcement access to electronic information is a crucial step towards protecting civil liberties in the digital age. By addressing the outdated nature of federal laws and the excessive secrecy of government surveillance practices, the ACLU aims to ensure that individuals' digital data receives the same protections as physical information under the Fourth Amendment.
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Consumer rights and privacy policies
Consumer privacy laws and regulations protect individuals from privacy loss due to the failures and limitations of corporate customer privacy measures. These laws cover violations of personal information and the right to privacy in everyday life, including technology use and finances.
In the United States, the Federal Trade Commission (FTC) is the primary agency directing federal privacy policies and enforcing associated regulations. The first federal consumer privacy law was the Fair Credit Reporting Act. The Gramm-Leach-Bliley Act is another federal law that requires financial institutions to explain information-sharing practices to consumers and protect sensitive information.
At the state level, California has been a leader in enacting comprehensive privacy laws, such as the California Consumer Privacy Act (CCPA), which offers greater specificity regarding the structure and contents of privacy policies, as well as the procedures through which users may notice, access, delete, and opt out of the sale of their personal data. The CCPA also grants a private right of action to consumers who believe tech companies have broken the law in certain circumstances. Other states that have followed California's lead include Virginia, Utah, Colorado, Connecticut, Tennessee, Iowa, and Indiana.
However, some experts argue that Big Tech's push for state privacy laws is an attempt to influence federal legislation that would potentially override California's stronger privacy protections. For example, the Virginia law has been criticised as a "business and consumer-friendly approach" that may not provide adequate privacy protections.
As of March 2024, fourteen states have enacted comprehensive privacy laws, and the pressure is mounting on policymakers to address the shortcomings of sector-specific laws and enact comprehensive privacy legislation at the federal level. In 2022, the American Data Privacy and Protection Act (ADPPA) passed the House Committee on Energy and Commerce with near unanimity, but opinions vary on its prospects for becoming law in 2024.
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Privacy-protective technologies
Privacy-enhancing technologies (PETs) are designed to protect personal data and assure technology users of two fundamental rights: the confidentiality of their information and the prioritization of data protection by organizations that hold personal data. PETs enable users to take actions related to personal data sent to and used by online service providers, merchants, or other users. This control is known as self-determination.
PETs aim to minimize the personal data collected and used by service providers and merchants, using pseudonyms or anonymous data credentials to ensure anonymity. They also strive to obtain informed consent for sharing personal data with online service providers and merchants. In privacy negotiations, consumers and service providers establish, maintain, and refine privacy policies as individualized agreements through ongoing choices among service alternatives, providing the possibility to negotiate terms and conditions.
PETs allow users to log, archive, and look up past transfers of their personal data, including what data has been transferred, when, to whom, and under what conditions. They facilitate the use of legal rights of data inspection, correction, and deletion. Additionally, PETs provide the opportunity to hide personal identities by masking personal information and replacing it with pseudo-data or an anonymous identity.
Soft privacy technologies assume that a third party can be trusted for data processing and are based on compliance, consent, control, and auditing. On the other hand, hard privacy technologies assume that no single entity can violate user privacy, and they focus on data minimization and reducing trust in third parties. Examples include onion routing, the secret ballot, and VPNs used for democratic elections.
Other privacy-protective technologies include the Tor Browser, which keeps online activities private by routing internet traffic through multiple servers, making it challenging to determine an IP address or obtain personal information. Privacy-oriented search engines like DuckDuckGo and Brave prioritize user anonymity and data protection, refraining from collecting or sharing search history. Disk encryption tools secure data on computer hard drives or external storage devices.
Anonymous payment methods, such as cryptocurrencies, prepaid debit cards, and platforms like Paysafecard, enable transactions without revealing personal information, minimizing the risk of data breaches and unauthorized tracking of spending habits. Secure messaging apps like Signal and Telegram employ strong encryption and privacy features to protect communications from interception.
Additionally, privacy screens can be used to limit the viewing angle of computer or mobile device screens, preventing unauthorized photo-taking or snooping in public spaces. "Burner" email addresses are temporary accounts that help reduce spam and enhance privacy by avoiding the use of primary email addresses for newsletters, free trials, or other online services.
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Frequently asked questions
Some existing laws that protect tech privacy in the US include the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), and the California Consumer Protection Act (CCPA).
The American Data Privacy and Protection Act (ADPPA) was passed by the House Committee on Energy and Commerce in 2022 and is currently being considered for legislation.
Critics argue that existing and proposed tech privacy laws in the US are often too weak and do not provide sufficient protection for consumers. For example, Big Tech companies have been accused of pushing for state privacy laws that are weaker than federal legislation, such as in Virginia.
Effective tech privacy laws should address the collection, use, and disclosure of personal data, set standards for how businesses handle sensitive data, and provide individuals with control over their information. Additionally, laws should be regularly updated to keep pace with technological advancements and ensure civil liberties are protected.
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