In 2022, we saw broad support behind federal privacy legislation in the US Congress. While the American Data Privacy Protection Act (ADPPA) did not see the president’s pen prior to the midterms, the fact that such a bill saw a committee vote in the House — approved 53–2, with bipartisan support — and both industry and advocates promoted passage is notable. The question is no longer whether we will see federal privacy law, but when. And while the ADPPA took up much of the attention in the US in 2022, the year also brought a progressive Federal Trade Commission (FTC) launching a broad regulatory initiative, continued growth of state privacy issues in California and beyond, and the introduction of an executive order to repair the Privacy Shield program. In 2022, US privacy was searing hot.
Last year also saw continued growth in the international realm. China’s new law began to show the significant risks of noncompliance. India continued its parliamentary moves toward passage of a comprehensive data protection law. And the Europen Union saw significant traction in enforcement activity. More than 100 countries now have national privacy laws, and the field grows every day.
These trends will continue, and accelerate, in 2023. Expect more state law in the US, more regulatory and enforcement action from the Federal Trade Commission, an active enforcement environment in the EU — major cases are expected in Ireland, very soon — and continued maturity and growth around the world as privacy professionals grapple with the complexity and risk of these laws.
Predictions for 2023
2023 will be a turbulent year in privacy. Economic headwinds and disruption in the tech industry may give rise to calls for additional privacy protections and stronger enforcement. M&A activity may highlight the fact that corporate privacy policies may be modified or ignored when competing interests take priority. Data transfers will still be a central concern, with the EU assessment of adequacy for the updated Privacy Shield emerging early in the new year.
Here are a few key trends to watch:…
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