Collection and Use of Personally Identifiable Data
Summary
SIFMA and joint trades provided comments to the Uniform Law Commission (ULC) regarding the private rights of action in its model bill.
SIFMA signed with:
- Advanced Medical Technology Association (AdvaMed)
- Alliance for Automotive Innovation
- American Bankers Association (ABA)
- American Escrow Association (AEA)
- American Financial Services Association (AFSA)
- Arizona Chamber of Commerce and Industry
- Bank Policy Institute (BPI)
- Chamber RVA
- Consumer Bankers Association (CBA)
- Consumer Data Industry Association (CDIA)
- Consumer Technology Association (CTA)
- Electronic Transactions Association (ETA)
- Global Association of Test Publishers (ATP)
- Greater Boston Chamber of Commerce
- Greater North Dakota Chamber
- Information Technology Industry Council (ITI)
- Internet Association
- Insights Association
- Illinois Chamber
- National Association of Federal Credit Unions (NAFCU)
- National Grocers Association (NGA)
- National Restaurant Association
- National Retail Federation (NRF)
- New Jersey Civil Justice Institute (NJCJI)
- News Media Alliance
- Net Choice
- PA Coalition for Civil Justice Reform (PCCJR)
- Pennsylvania Chamber of Business and Industry
- Real Estate Services Providers Council (RESPRO)
- Realtor
- SIIA
- Texas Association of Business
- The Business Council
- The Association of Magazine Media (MPA)
- The Food Industry Association (FMI)
- TechNet
- The Broadband Association
- US Chamber Institute for Legal Reform
- US Chamber of Commerce
- US Chamber of Commerce Technology Engagement Center
- Virginia Bankers Association (VBA)
- Virginia Chamber
- Washington Retail Association
Excerpt
July 1. 2021
Uniform Law Commission
111 N. Wabash Ave
Suite 1010
Chicago, IL 60602
RE: Collection and Use of Personally Identifiable Data
Dear Commissioners:
While we appreciate the Commission’s attempt to craft model privacy legislation that grants citizens robust privacy rights, the undersigned organizations have serious concerns about the ability of state legislatures to enact the proposal due to enforcement provisions already rejected by some states.
Although we believe that Congress should ultimately pass national privacy legislation, it is crucial that any uniform state privacy bill promotes harmonization. Despite many laudable improvements to the substance of the draft before the Commission, the proposed Uniform Personal Data Protection Act (“UDPA”) discourages uniformity through its enforcement provisions.
The enforcement provisions of Section 16 of UDPA state that “[a] knowing violation of this [act] is subject to all remedies, penalties, and authority granted by [cite to state consumer protection act].” Although the proposed model language does not explicitly grant aggrieved parties a private right of action (“PRA”), referencing the use of “all remedies” under state consumer protection statutes would open the door to PRAs. Twenty-two states have broad unfair and deceptive trade practices/consumer protection statues that enable a PRA.