Privacy legislation continues to expand and shift across the country. The OG consumer privacy standard bearer of all states, California, enacted The California Privacy Rights Act (CPRA) on January 1, 2023. This built upon the previous California Consumer Privacy Act (CCPA) and gives consumers greater control over their personal information, including the right to opt-out of the sale of personal information, the right to request deletion of personal information, and the right to non-discrimination for exercising privacy rights.
Virginia, California, Colorado, Connecticut and Utah are rolling out new privacy laws this year with varying differences in provisions and penalties.
New Federal Legislation?
With more states taking the consumer privacy lead, it begs the question, will this lead to one federal solution to rule them all!? In short no, we don’t expect passed legislation from the federal government anytime soon.
There have been several federal bills proposed, but no comprehensive privacy law has been passed. The Consumer Online Privacy Rights Act 2021, introduced in the Senate, aims to establish a federal privacy framework that would preempt state laws and set nationwide standards for data privacy and protection. Another bill, the Information Transparency & Personal Data Control Act, focuses on giving individuals more control over their personal information and the ability to make informed decisions about the collection, use, and sharing of their data. One could expect more potential laws to come and go with little fanfare and execution over the next two years.
What Should Advertisers Do?
Advertisers should continue to take steps to ensure they comply with existing laws and prepare for future regulations.
This includes conducting regular assessments of data collection, storage, and usage practices, by making any necessary changes to be compliant with privacy laws. Advertisers should also be transparent with consumers about the data they collect, how it will be used, and who it will be shared with. They should always provide consumers with easy-to-use tools to control their personal information, such as opt-out options and the ability to request deletion of data.
State and federal privacy legislation are evolving rapidly, advertisers must remain vigilant in their efforts to protect consumer privacy. By being proactive and compliant with existing laws, advertisers can navigate this privacy-first world and build greater trust with consumers. Misusing your customer’s data may yield a short-term return, but long term can impact your company’s overall revenue growth and brand image.
Here at Brkthru, we have a dedicated team ready to tackle everything from the mundane to the messy, 24/7. Reach out to us at Brkthru for more information on the latest developments in privacy and other trends impacting your business.