Privacy Legislation and Regulation
Positions on Privacy Legislation
The Lawyers’ Committee supports the passage of comprehensive privacy legislation that prioritizes civil rights through anti-discrimination protections, algorithmic impact assessments, and strong enforcement. We routinely work with Congress to craft strong and workable bills. We have previously issued statements on several federal privacy bills, including:
American Data Privacy Protection Act of 2022
- Op-ed in the L.A. Times, “The federal American Data Privacy and Protection Act protects everybody’s data”, July 28, 2022
- Press release endorsing the bill, July 19, 2022
- Testimony of David Brody before the House Energy & Commerce Subcommittee on Consumer Protection and Commerce, June 14, 2022
- Letter from the Lawyers’ Committee and 58 other civil society organizations to Congressional leaders, “Support a Comprehensive Consumer Privacy Law that Safeguards Civil Rights Online”, May 26, 2022
- Endorsement of the Algorithmic Justice and Online Platform Transparency Act of 2021 – press release
- Endorsement of the Consumer Online Privacy Rights Act of 2019 – press release
- Endorsement of the Privacy Bill of Rights Act of 2019 – press release
Model Privacy Bill – “Online Civil Rights and Privacy Act of 2019”
The Lawyers’ Committee and Free Press wrote a model comprehensive federal privacy law that centers civil rights protections. The legislation is a comprehensive data protection act that builds on decades of civil rights law and experience. It includes sections about discriminatory practices and equal opportunity, unfair processing practices, deceptive processing practices, protection of personal information, and more.
Regulatory Comments and Advocacy
Comments Regarding Implementation of the California Privacy Rights Act of 2020
The Lawyers’ Committee submitted comments to the California Privacy Protection Agency regarding its implementation of the California Privacy Rights Act of 2020 and the California Consumer Privacy Act of 2018 (Proceeding No. 01-21). Submitted on Nov. 8, 2021, the comments urged the new agency to prohibit discriminatory uses of consumer data, implement data minimization requirements, and conduct robust oversight.
- Read the comments here.
Comments in response to Request for Information on Financial Institutions’ Use of Artificial Intelligence, including Machine Learning
The Lawyers’ Committee submitted comments, along with other advocacy groups to the Request for Information and Comment by financial regulators regarding the use of artificial intelligence and machine learning in financial services. Submitted on July 1, 2021, the comments inform the regulators that artificial intelligence models used by banks and lenders must be carefully designed, tested, and monitored to ensure they do not reinforce and amplify historic discrimination and redlining against Black Americans and other communities of color, according to comments submitted to several federal financial regulators.
Letters to Congress and the Executive Branch
The Digital Justice Initiative has led coalition letters calling for greater privacy and data protections, including:
- April 19, 2019, Letter to Congress regarding the need for privacy legislation
- February 13, 2019, Letter to Congress regarding the need for privacy legislation
Publications
- David Brody, The federal American Data Privacy and Protection Act protects everybody’s data, L.A. Times (July 28, 2022)
- Gaurav Laroia and David Brody, Privacy Rights Are Civil Rights: We need to protect them., Free Press (March 14, 2019).
- Kristen Clarke and David Brody, It’s time for an online Civil Rights Act, The Hill (Aug. 3, 2018).