We’re taking a moment to reflect on the 2024 state legislative session and what it means for the future of digital rights at the state level. Informed by insights from the State of State Technology ...
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Discussion Points
- The Role of Private Right of Action in Privacy Regulation: Should individuals have the ability to sue companies for privacy violations, or would this lead to increased frivolous lawsuits?r
- The Impact of Flawed Models on State Privacy Laws: How can states like Maryland set a new standard for privacy laws, and what can be done to prevent other states from following flawed models?r
- Gaps in Federal Action: The Need for Issue-Specific Privacy Laws: Can states effectively fill the gaps in federal action by pursuing issue-specific privacy laws covering sensitive data types such as genetic, biometric, location, and health data?
Summary
The 2024 state legislative session saw significant developments in digital rights, with seven states adopting comprehensive privacy laws. Maryland's new law sets a strong standard, but EFF urges stronger bills moving forward.
A key issue remains the debate over private right of action, which would allow individuals to sue companies for privacy violations. Without this enforcement mechanism, consumers are left vulnerable and powerless.
States are expected to continue enacting privacy laws based on flawed models, highlighting the need for effective solutions to ensure robust consumer protections. Issue-specific laws covering sensitive data types may be necessary to fill federal gaps.