Breaking Down Proposals for Privacy Legislation: How Do They Regulate? Brookings Institution. Cameron F. Kerry. March 8, 2019
The “discussion drafts” of baseline privacy bills released late last year offer a glimpse of the taxonomy of issues up for debate:
- What is the regulatory model?
- What kinds of data are covered?
- What sectors and what entities?
- What rights do individuals have?
- What obligations do businesses have in processing data?
- How are these rights enforced—by what agency and with what powers?
- How is pre-emption handled?
The question of the regulatory model is the keystone that overarches these and holds the rest together. Several of the draft bills present concrete signs of an emerging shift in the underlying model for privacy regulation in the current discussion, from one based on consumer choice to another focused on business behavior in handling data. This paper focuses on this key element of the taxonomy—how proposals reflect this shifting paradigm and how the change affects other aspects of privacy protection. [Note: contains copyrighted material].
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