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For this kind of regulation, you look to see what kinds of enforcement mechanisms exist. You need either (or ideally, both): - a private right of action (IE, I
by rt4mn 5y ago
For this kind of regulation, you look to see what kinds of enforcement mechanisms exist. You need either (or ideally, both):
- a private right of action (IE, I get to sue you if you violate the privacy rights that this bill spells out)
- well funded and dedicated "white colar" unit under the attorneys general that has authority to investigate and punish wrongdoing
Getting the government to spend a whoooooole bunch of money on a dedicated white collar enforcement unit is generally not very popular, and while a private right of action is generally cheaper for the state, its also really unpopular with industry types who hate getting sued by jo jack and jane.
The EFF has a great rundown of what makes a good privacy bill here: https://www.eff.org/deeplinks/2020/03/tech-lobbyists-are-pushing-bad-privacy-bills-washington-state-can-and-must-do https://www.eff.org/deeplinks/2020/03/tech-lobbyists-are-pus...
IAPP (which hosts this tracker) is ironically not as strong on privacy issues as the EFF is so I'm kind of glad they are not including a "effective" column, to be honest.
- lmkg 5y agoOne of the columns in the linked table is "Private Right of Action" (under Rights of Consumer). I absolutely agree this is the single most important aspect of any privacy bill. The IAPP is a licensing and education organization, not an advocacy organization like EFF. They are on the side of practitioners and organizations, trying to help them continue to do their work in ways that respect privacy. IAPP is the carrot, EFF is the stick.
- nugget 5y agoI run a startup that is working on some of these specific issues, and how to make data privacy rights in general more actionable in the real world - if you (or anybody else) is interested in chatting, please reach out.