INTRODUCTION
… This Note will provide a brief overview of the GDPR, while also discussing the practical advantages and disadvantages of adopting a similar regulation in the US. While US businesses are subject to GDPR when serving EU citizens, US companies are under no similar federal obligations when dealing with American citizens. The GDPR is a useful model for the US to utilize. It has a global effect in countries where the legislation does not even reach, as evidenced by CCPA and the like. The states are beginning to advance new data privacy legislation, and cases concerning conflicting data privacy laws may soon come before the courts.
To provide this analysis, section II will begin by examining the growing industry of data analytics. Section III will provide a general discussion of the GDPR and the Articles that are relevant to this Note. Section IV will analyze the relationship between the GDPR and US businesses. Section V will delve into current federal laws in the US that relate to data privacy. These federal laws regulate certain industries and do not have a broad application. Section VI will consider Colorado’s recently enacted Consumer Data Privacy Act, and California’s Consumer Privacy Act. Section VII will discuss the US adopting the GDPR as a model for data privacy legislation. Finally, Section VIII will conclude by summarizing the arguments in this Note for adopting the GDPR as a model for federal data breach legislation.
Kassandra Polanco, Trimming the Fat: The GDPR as a Model for Cleaning up Our Data Usage (2020) 36(2) Touro Law Review.
First posted 2020-08-20 03:58:29
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