Enforcing Privacy Through the Collaborative Efforts of Privacy Regulators Consortium
The Consortium of Privacy Regulators, a coalition of state regulators from California, Colorado, Connecticut, Delaware, Indiana, New Jersey, and Oregon, is enhancing data privacy enforcement in the United States. Formed by the California Privacy Protection Agency (CPPA) and the California Attorney General, this multi-state partnership aims to coordinate enforcement and regulatory efforts on privacy matters across these states [2][4].
The Consortium's impact on U.S. data privacy laws is significant. It represents a collaborative approach to enforcement and policy development among multiple states, marking a shift towards coordinated enforcement actions. This coalition is sharpening the focus on substantive compliance with state privacy laws like the California Consumer Privacy Act (CCPA) and the Connecticut Data Privacy Act (CTDPA) [4].
For instance, the Consortium's joint efforts have contributed to enforcement actions and settlements that go beyond simple procedural violations, emphasizing technical compliance and identifying sensitive data [4]. Through related initiatives such as the CPPA's ongoing regulation proposals, the Consortium indirectly influences the regulatory landscape by pushing for more detailed and rigorous state-level privacy rules [3].
The Consortium focuses on how companies' data practices affect real people, including improper data collection, confusing consent flows, or poor protection of sensitive information. Regulators are warning that practices such as bundled permissions or default opt-ins may not meet legal standards for obtaining user consent [1]. Keeping records of when and how consent was given is important for accountability [1].
Companies are expected to collect only the information necessary for a specific purpose and avoid holding on to it longer than needed, a practice known as Data Minimization [1]. Companies that collect more personal data than necessary are more likely to face regulatory questions [1]. Businesses should ensure their consent flows are easy to understand and reflect real user choice [1].
Regulators are paying close attention to whether users understand what information is being collected, why it is needed, how long it is kept, and whether it is shared with third parties [1]. Sensitive information, such as website documents, biometrics, and other verification data, carries a higher risk and requires stronger justification [1].
The Consortium gives states a mechanism to coordinate enforcement so that privacy laws are applied more consistently across the country. This multi-state cooperation also aids in aligning state regulatory approaches, reducing fragmentation, and providing clearer guidance for entities subject to these laws [2]. The Consortium helps regulators align on how privacy laws should be interpreted and enforced, reducing the ability of companies to "privacy shop" for states with weaker rules [2].
A 2024 report found that 90 percent of organizations experienced at least one data-related security incident in the past year [5]. As such, companies should track legal developments across states to identify potential gaps before regulators do [5]. The Consortium aims to encourage states to collaborate on investigations, share information, and take coordinated enforcement actions [2].
In summary, the Consortium of Privacy Regulators is strengthening data privacy enforcement and regulatory coordination in the U.S., contributing to more uniform and effective privacy protections at the state level amid relatively slow federal privacy enforcement [2][4]. This multi-state partnership is a significant development in the field of data privacy, ensuring that companies adhere to stricter standards and provide stronger protections for personal data.
References: [1] Regulators Focus on Three Key Areas for Platforms that Manage Personal Data. (n.d.). Retrieved from https://www.privacynewsline.com/2022/06/13/regulators-focus-on-three-key-areas-for-platforms-that-manage-personal-data [2] Consortium of Privacy Regulators. (n.d.). Retrieved from https://www.oag.ca.gov/privacy/consortium [3] California Privacy Protection Agency's Proposed Regulations. (n.d.). Retrieved from https://www.cppa.ca.gov/regulations/ [4] The Consortium of Privacy Regulators: A Collaborative Approach to Enforcement and Policy Development. (2022, June 13). Retrieved from https://www.privacynewsline.com/2022/06/13/the-consortium-of-privacy-regulators-a-collaborative-approach-to-enforcement-and-policy-development [5] 90% of Organizations Experienced a Data-Related Security Incident in the Past Year. (2024, March 12). Retrieved from https://www.securitymagazine.com/articles/90-of-organizations-experienced-a-data-related-security-incident-in-the-past-year
- The Consortium of Privacy Regulators is expanding the focus on data privacy in the business sector, particularly in technology, as they emphasize technical compliance and the protection of sensitive data.
- In the realm of education-and-self-development, the Consortium's ongoing regulation proposals influence the development of more detailed and rigorous state-level privacy rules.
- Despite contributing to enforcement actions in the casino-and-gambling industry, the Consortium's primary concern revolves around improper data collection, confusing consent flows, and weak protection of sensitive information across all sectors.
- Keeping track of general-news related to data privacy laws and regulatory developments is crucial for companies, as it can help identify potential gaps in compliance before regulators do, such as the requirements for obtaining user consent in sports and weather-related applications.
