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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.

Author:

Victoria Espinel is a global leader advancing the future of technology innovation.  

As CEO of BSA | The Software Alliance, Victoria has grown the organization’s worldwide presence in over 30 countries, distinguishing BSA as the leader for enterprise software companies on issues including artificial intelligence, privacy, cybersecurity, and digital trade. She launched the Digital Transformation Network and the Global Data Alliance, flagship BSA initiatives to further BSA’s collaboration with 15+ industry sectors globally. Victoria founded Software.org, the enterprise software industry’s nonprofit partner that educates policymakers and the public about the impact of software and careers within the industry. 

Victoria serves on President Biden’s National Artificial Intelligence Advisory Committee (Chair of the International Working Group), served as a member of the President’s USTR Advisory Committee for Trade Policy and Negotiations (ACTPN), and chaired the Future of Software and Society Group at the World Economic Forum. She is a lifetime member of the Council on Foreign Relations. 

 Victoria has testified on multiple occasions before the US Congress, European Parliament, and Japanese Diet. Victoria speaks frequently to groups about AI, cybersecurity, and STEM education, including Latinas in Tech, Girls Rule the Law, the Congressional Staff Hispanic Association, Women’s Congressional Staff Associations, Girls Who Code, EqualAI, CSIS, and numerous academic institutions. She has been featured in a wide range of media outlets, including New York Times, Washington Post, Financial Times, Forbes, C-SPAN, BBC, Bloomberg Business, The New Yorker, and NPR. 

Prior to BSA, Victoria was confirmed by the US Senate to serve as the first White House “IP Czar,” establishing a new office in the White House and advising President Obama on intellectual property. She also served in the Bush Administration as the first chief US trade negotiator for intellectual property and innovation, a role in which she created the office of Intellectual Property and Innovation at USTR and led negotiations with over 70 countries. 

Victoria launched Girls Who Code’s Washington, DC summer program and serves on the Board of Directors for ChIPs, a nonprofit organization advancing women in technology law and policy. 

She holds an LLM from the London School of Economics, a JD from Georgetown University Law School, and a BS in Foreign Service from Georgetown University’s School of Foreign Service. She is a native of Washington, DC, and the proud proprietor of Jewel of the South, a restaurant in New Orleans. 

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