Although the U.S. Chamber of Commerce (the Chamber) “strongly urges Congress to pass durable, bipartisan national privacy legislation that protects all Americans equally,” it will “strongly oppose legislation that fails to provide meaningful preemption or any proposal that creates a blanket private right of action,” according to a letter sent to Senators yesterday.

The letter further urges that a national privacy law be thoughtful and strong to avoid a patchwork of state laws that cause confusion and “places small businesses at a disadvantage by forcing compliance with a complex set of data regulations.”

The Chamber further stated that “[A] national data protection law including a private right of action would encourage a cottage industry of attorneys filing abusive lawsuits to obtain mandated fees, create further confusion as privacy rights are interpreted on a district basis, and hinder data-driven innovation.” Instead, the Chamber advocates that a national data privacy law “should be enforced by the Federal Trade Commission with adequate funding and due process protections as well as state attorneys general.”

There appears to be bipartisan momentum in Congress to enact a national data privacy law. We will see if that happens before other states fill the gap by enacting their own comprehensive data privacy laws, as Nevada, California, Virginia, Colorado, Utah and Connecticut have done.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.