Data Privacy and Integrity Developments that Will Define 2022 and Beyond

As the world becomes more digitized, from digital communications to digital currencies, the preservation of data privacy has never been more paramount. New laws and regulations regarding data privacy, storage, and integrity are being enacted at such a rapid pace that a business and/or organization would do well by hiring an outside expert who can handle this time-consuming task on their behalf. This would free up businesses to do what the do best: make money.

According to a new data law and policy report, in 2022, you should expect “an avalanche” of new regulations and laws that will be engineered to govern a massive amount of new technological and digital developments. Many of these new laws, it should be noted, are highly political in nature and therefore, not business friendly.

These laws and regulations are not just limited to the U.S. New data protection laws in China, India, the EU, and elsewhere, are rapidly taking hold. Also included in the regulatory mix are new automated decision-making rules for the U.S. that target so-called discriminatory business practices.

So what is all this adding up to? What the experts call a “perfect storm of tech regulation.”

U.S. Federal Privacy Laws

Say the experts, regardless of bicameral and bipartisan consensus over a need for federal data privacy law, including the language involved in creating it, you should not expect a major breakthrough in 2022. This is partly due to the fact that any kind of progress and/or breakthrough in Congress has been a futile exercise at best.

Plus, the nation is heading into yet another divisive election cycle that could, in the end, result in a Republican governed Congress. If this happens, the impeachment of the current President of the United States over “blatant disregard for the rule of law on the Southern border,” is quite possible, or so states several Republican lawmakers. This would surly slow down the process of proposing and implementing new data regulation policy.

Also, special interest groups and organizations are said to be deeply entrenched on both sides of the aisle. Many business groups are resistant to being over regulated since it can stifle growth (this is especially concerning in the decentralized crypto-sphere). Meanwhile, government hungry advocacy groups are pushing hard to expand the scope of privacy regulations and laws that address topics like discrimination, equity (as opposed to equality), and bias.

U.S. State Privacy Laws

While the California Privacy Rights Act (CPRA) is expected to become law sometime over the next 18 months along with similar laws in Colorado and Virginia, at least six more states are said to be passing data privacy legislation. An expert at the Future of Privacy Forum states that new privacy legislation will come about in Maryland, Alaska, New Jersey, Oklahoma, Ohio, and Florida—a mix of red and blue states.

But the large question is if any of the laws are about diverge from existing laws. Also, will any of them advocate for a Private Right of Action (PRA).

Some years back, the general consensus was the more states that pass privacy laws, the more pressure that will be placed on businesses and even Congress to pass “preemptive federal legislation.” However, without PRA, the less businesses who are already complying with state data privacy laws, will have for a federal solution.

Rulemaking for the FTC

New rulemaking and regulatory efforts led by Federal Trade Commission Chair, Lina Khan, are said to include rules and laws to stop abuses that come about from “surveillance-based business models,” and relaxed security procedures. Khan is also targeting algorithmic decision-making business models that are said to openly discriminate.

Republican lawmakers have heatedly objected to Kahn’s proposals, calling them a blatant display of government regulatory overreach that’s born from an overall Biden Whitehouse legislative agenda. This does not bode well for private business.

Speaking of the Biden White House

In late 2021, members of the Biden Administration were said to have launched new policy regulatory initiatives that are centered around artificial intelligence, privacy, and algorithmic decision making. These efforts include a push for creating “A Bill of Rights for an Automated Society.” They will also include a long series of Listening Sessions on Personal Data: Privacy, Civil Rights, and Equity.

Experts say that even if the White House falls short of passing all the federal regulatory law it wishes with the Republican congressional election “bloodbath” fully expected come November, 2022, Biden’s administration can still advance and influence very important policymaking initiatives when it comes to data privacy.

In short, data regulation has become a heavily politicized topic and that alone is reason for great concern among business owners and organizations in the U.S. and elsewhere.

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