In response to a Request for Comment (RFC) on “New Approaches to Consumer Data Privacy“ of the Department of Commerce’s National Telecommunications and Information Administration (NTIA), we filed comments. Click “Download Report” to see our comments. Excerpt:
“We appreciate the NTIA’s recognition of and deference to the longstanding Fair Information Practice Principles (FIPPS) first developed by a committee of the old Health, Education and Welfare Department (HEW) in an early-1970s report preceding passage of the 1974 Privacy Act governing the activities of government when it collects information.
However, Disparaging the States Is Not Appropriate
However, we believe that the RFC’s denigration of the role of the several states in privacy innovation is misguided. Further, the use of the tired, pejorative term “patchwork” to mis-characterize state leadership on privacy suggests either a misunderstanding of the ways that the states have led efforts to protect consumer privacy or, worse, suggests a pre-determined bias toward preemption.”