Government Relations and Advocacy: Privacy

The intertwined issues of data privacy and security have never been more at the forefront of debate, both internationally and domestically. With the passage of the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA), it has become increasingly clear that legislators and regulators around the world are beginning to move in response to years of high-profile data breaches and lack of transparency in data usage.

The danger to the advertising industry in the years ahead will be the potential proliferation of fifty different state privacy and security statutes, each with its own unique compliance requirements. The 4A’s firmly believes that given the boundary-less nature of the Internet economy, data privacy and security must be legislated at the national level.

4A’s Exclusive Guidance On GDPR And CCPA

 

Federal Privacy Legislation And Regulation

The United States has traditionally approached privacy in what is known as a “sectoral” approach. What this means is that instead of one comprehensive privacy law to cover all industries, the United States has created different sets of privacy laws based on subject matter, i.e. healthcare, credit, education, etc. While that approach has set the rules of the road for privacy for decades, the recent explosion of the use of data by both business and government has increasingly made it clear that the old sectoral approach isn’t going to work going forward.

 

Privacy Central Wiki

This wiki page, maintained by the 4A’s Government Relations department, includes various resources, information, and guidance on Privacy.

 

Privacy. Simplified – Q&A Sound Bites

Privacy can be an amorphous topic to wrap your head around, so we’re here to help.

As legislators and regulators in Congress and the states continue to address privacy concerns in a fragmented fashion, agencies are often left with questions as to what exactly they are being asked to do, and how exactly they should go about accomplishing it.

To help demystify some of the pressing privacy topics, the 4A’s is proud to present Privacy. Simplified. In this new Q&A video series, you’ll hear from experts on CCPA, GDPR, FTC enforcement, comprehensive federal privacy law, data broker registries and much more.

Watch the series here

 

Privacy For America

Privacy For America is cross-industry initiative co-founded by the 4A’s. The goal of Privacy For America is to pass comprehensive federal privacy legislation with a strong set of baseline consumer protections, and the flexibility to evolve as technology evolves, without going back to the drawing board every time a new technology raises privacy concerns.

Recent developments around contact tracing in the wake of COVID-19 have opened-up a new avenue of conversation between industry and Congress as to how comprehensive federal privacy legislation could help address the privacy concerns that have surfaced.

To learn more about Privacy For America, including recent news:  https://www.privacyforamerica.com/overview/

 

State Privacy Legislation And Regulation:

While states have long legislated and regulated in discrete areas of privacy, California’s passage of the California Consumer Privacy Act (CCPA) in 2018 was the first time a state passed comprehensive privacy legislation. This was significant for multiple reasons, not least of which was the obvious concern from many businesses that they California would just be the first state to do this. And in the years following 2018, that concern has provide to be valid. Many states have begun introducing their own versions of comprehensive privacy legislation, versions that vary greatly from California’s. The 4A’s continues to be a strong advocate of comprehensive federal privacy legislation, as the issue of privacy and data legislation can simply not be consistently effectuated on a state-by-state basis.

A side by side comparison of the current state data privacy laws (enacted in California, Virginia, and Colorado) and Ohio’s 2021 draft legislation can be found here.

In addition to comprehensive state privacy legislation, many states have addressed privacy issues on multiple fronts in 2020 and 2021. To learn more about recent state data privacy initiatives in which the 4A’s has been involved, see below.

Alaska
  1. Joint Ad Trade Letter on Alaska HB 159
California
  1. Joint Ad Trade Comments – CPRA Preliminary Rulemaking Request for Comments Nov. 2021

  2. Industry Letter to CA AG Robert Bonta Regarding User-Enabled Global Privacy Controls
  3. Leading Advertising Trade Associations Urge New California Privacy Protection Board to Move Swiftly but Inclusively to Establish Clear Rules for Businesses and Consumers
  4. Talking Points in Opposition to SB 324
  5. Letter To CA AG Xavier Becerra Requesting A Delay In CCPA Enforcement
  6. Letter To CA AG Xavier Becerra Requesting Meeting Regarding Proposed CCPA Regulations
  7. Letter To CA AG Xavier Becerra On Revised CCPA Regulations
  8. Joint Industry Letter Requesting A Delay In CCPA Enforcement
  9. Joint Comments On Second Set of Modifications To The Proposed CCPA Regulations
  10. Letter In Opposition To CA AB 2414
Colorado
  1. Joint Ad Trade Letter in Opposition to Colorado SB 21-190
Connecticut
  1. Joint Ad Trade Letter in Opposition to Privacy Provisions in Connecticut SB 1202

  2. Joint Ad Trade Letter on Connecticut SB 6
Florida
  1. Joint Ad Trade Letter on Florida HB 9
Hawaii
  1. Joint Ad Trade Letter in Opposition to Hawaii SB 1009
  2. Letter In Opposition To HI HB 2572 – February 2020
  3. Letter In Opposition To HI HB 2572 – June 2020
Louisiana
  1. Letter In Opposition To LA HB 654
Maryland
  1. Joint Ad Trade Letter on Maryland SB 11
Massachusetts
  1. Joint Ad Trade Letter in Opposition to Massachusetts Privacy Bills 2021

  2. Joint Ad Trade Letter on Massachusetts S.2687
Minnesota
  1. Joint Ad Trade Letter on MN HF 1492

Nebraska
  1. Joint Ad Trade Comments on Nebraska LB 1188
New Hampshire
  1. Joint Ad Trade Letter in Opposition to New Hampshire HB 384
New York
  1. Joint Ad Trade Letter on New York SB 6701
North Dakota
  1. Joint Ad Trade Letter on ND HB 1330
Oklahoma
  1. Joint Ad Trade Letter in Opposition to OK HB 1602
Tennessee
  1. Joint Ad Trade Comments to TN Joint Ad Hoc Committee to Review Data Privacy- Nov. 2021

Virginia
  1. Joint Ad Trade Letter on the Virginia Consumer Data Protection Act
Washington
  1. Joint Ad Trade Letter on WA SB 5062 (Washington Privacy Act of 2021)
  2. Letter To Washington Representative Timm Ormsby On Washington HB 2742
  3. Letter To Washington Representative Zack Hudgins On Washington SB 6281
  4. Letter In Opposition To Private Right Of Action In WA SB 6281
  5. Joint Ad Trade Letter on Washington HB 1850
  6. Joint Ad Trade Letter on Washington HB 1850 and SB 5062 – End of Session
Wyoming
  1. Joint Ad Trade Letter on WY 22LSO-0146

  2. Joint Ad Trade Letter on Wyoming 22LSO-0146 Working Draft 0.6