Center for Digital Democracy’s Principles for U.S. Privacy Legislation

Today’s commercial practices have grown over the past decades unencumbered by regulatory constraints, and increasingly threaten the American ideals of self-determination, fairness, justice and equal opportunity. It is now time to address these developments: to grant basic rights to individuals and groups regarding data about them and how those data are used; to put limits on certain commercial data practices; and to strengthen our government to step in and protect our individual and common interests vis-à-vis powerful commercial entities. We call on legislators to consider the following principles:

1. Privacy protections should be broad: Set the scope of baseline legislation broadly and do not preempt stronger legislation.
2. Individual privacy should be safeguarded: Give individuals rights to control the information about them.
3. Equitable, fair and just uses of data should be advanced: Place limits on certain data uses and safeguard equitable, fair and just outcomes.
4. Privacy legislation should bring about real changes in corporate practices: Set limits and legal obligations for those managing data and require accountability.
5. Privacy protection should be consequential and aim to level the playing field: Give government at all levels significant and meaningful enforcement authority to protect privacy interests and give individuals legal remedies.