Data, Privacy

Three Pillars for a Strong Federal Privacy Standard

Today, I testified before the Senate Committee on Commerce Science, and Transportation on policy principles for a federal data privacy framework in the United States. The hearing examined what Congress should do to address risks to consumers and how to implement data privacy protections for all Americans.

There is no denying that the American people’s trust has been broken. Every day people hear about their data being used and sold without their knowledge. Sometimes it’s for a legitimate purpose, but too often it’s not. This is unacceptable.

BSA members have business models that promote, not undermine, privacy and security. We are partners with businesses of all sizes across every industry in the US economy, helping them grow and thrive. But we know we are not the only actors in the ecosystem, and we agree it’s time to clean it up. We want to help ensure companies use data in a way that empowers, not exploits.

We call on Congress to pass strong, comprehensive privacy legislation based on three pillars: rights, obligations, and enforcement.

  • First, legislation should give consumers the right to know what information an organization collects, how it’s used, and how it’s shared. Consumers also have a right to say no to data being used in ways they don’t want and a right to access, correct, delete, and obtain a copy of their data.
  • Second, strong consumer rights should be reinforced by obligations on companies to handle data responsibly. Companies that handle personal data should have mechanisms to ensure safeguards against privacy risks.
  • Third, a strong federal law also needs strong enforcement. The FTC should continue to be the primary enforcer, but it needs new tools and resources to carry that out. We also believe state attorneys general should be able to enforce a strong, comprehensive federal privacy law on behalf of residents in their states.

A federal law does not mean and should not mean a weak law. The objective of a national standard is to strengthen privacy by providing comprehensive, clear, and consistent protections for Americans across the country.

Now is the time for Congress to act to rebuild consumers’ trust. BSA stands ready to help accomplish this important goal.

Thank you to Chairman Roger Wicker, Ranking Member Maria Cantwell, and the Members of the Committee for inviting me to be part of the discussion. You can read my full testimony here and watch a recording of the hearing here. More information on BSA’s Privacy Framework is available here.

Data, Global Markets, Intellectual Property

BSA’s Special 301 Submission Highlights the Need for Improved Digital Trade and Innovation Policies in 11 Trading Partners

On February 7, 2019, BSA | The Software Alliance submitted comments to the Office of the US Trade Representative (USTR) to inform the agency’s annual Special 301 review – highlighting countries that deny adequate and effective protection of intellectual property rights (IPR) and fair and equitable market access to US companies that rely on IPR. … Read More >>