On December 4, 2019, testimony given by Julie Brill, Maureen Ohlhausen, Laura Moy, Nuala O’Connor and Michelle Richardson helped move the ball forward for a new bipartisan federal privacy law. Their testimony was right on the money – except for the natural corporate disdain for a private right of action, and the potential for a federal privacy law seems greater than ever. For a great overview, IAPP has released a comparison of the two most recent federal attempts to curb unbridled surveillance capitalism.
With any luck, there may be a new federal law on the books in 2020. Not waiting to see what happens in Washington, states like New York and New Jersey will likely follow the lead of California and pass their own very comprehensive privacy laws in 2020 – perhaps well exceeding what is found in California. Having such laws succumb to express preemption may end up being the most compelling legislative driver for certain federal lawmakers now on the fence.