Deep Dive Episode 237 - Private Rights of Action in Data Policy Settlements
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
A private right of action, or the ability of individuals to bring lawsuits for violations of a statute, has been a major point of contention in debates over a potential federal data privacy law. This podcast featuring Andrew Kingman (Mariner Strategies), Jennifer Huddleston (NetChoice), and Keir Lamont (Future of Privacy Forum) will dive into the questions surrounding this debate. Is the litigation risk from a private right of action harmful to innovation and small businesses or is it necessary to redress individual concerns? What can policymakers and practitioners learn from state level privacy laws like Illinois’ Biometric Information Privacy Act (BIPA) and the California Privacy Rights Act (CPRA) about the impact of a private right of action?
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Senior Fellow, Technology Policy, Cato Institute
Jennifer’s research focuses on the intersection of emerging technology and law with a particular interest in the interactions between technology and the administrative state. Her work covers topics including judicial deference, liability protection for Internet platforms, autonomous vehicles and other disruptive transportation technologies, the regulation of data privacy, and the benefits of technology and innovation. Her work has appeared in USA Today, the Chicago Tribune, the New York Daily News, the Sacramento Bee, the Washington Times, Real Clear Policy, and U.S. News and World Report. Jennifer has a JD from the University of Alabama School of Law and a BA in political science at Wellesley College.
President, Mariner Strategies LLC
Andrew Kingman is President of Mariner Strategies LLC. Among other clients, he represents the State Privacy & Security Coalition, which works on data privacy and cybersecurity issues in all 50 states. As a public policy advocate with experience in compliance, he brings a unique and substantive perspective to discussions on how best to increase consumer privacy protections while maintaining operational workability and cybersecurity protections for businesses. He is a nationally recognized thought leader in the field and in 2020, he was named as one of 25 attorneys named to Massachusetts’ Lawyers Weekly “Up and Coming Lawyers” list.
Senior Counsel, Future of Privacy Forum
Keir Lamont, CIPP/US, is a Senior Counsel with the Future of Privacy Forum’s U.S. legislation team. In this role he supports policymaker education and independent analysis concerning federal, state, and local consumer privacy laws and regulations. Keir previously held positions at the Computer & Communications Industry Association and the Program on Data and Governance at Ohio State University. Keir holds a J.D. from Georgetown University Law Center and a B.A. in Political Science & Economics from the University of Florida.