The International Association of Privacy Professionals (IAPP) provides critical insights into how “comprehensive” privacy legislation is classified. Here’s a detailed analysis:
Definition Framework
- Core Requirements:
- Broad data type coverage
- Multiple industry application
- Extensive consumer rights
- Reasonable thresholds
- Wide business coverage
- Disqualifying Factors:
- Limited data scope
- Single industry focus
- Minimal rights granted
- Excessive thresholds
- Narrow applicability
Key State Examples
Florida’s Digital Bill of Rights:
- Limitations:
- $1 billion revenue threshold
- Industry-specific targeting
- Limited business coverage
- Narrow controller definition
- Restricted applicability
- Washington’s MHMDA:
- Health data focus
- Broad health definition
- Sectoral classification
- Extensive reach potential
- Specific protections
Looking Forward
Privacy Policy Considerations:
- U.S. Approach:
- Innovation priority
- Federal preemption
- Big Tech focus
- SMB exemptions
- Sectoral carve-outs
-
International Contrast:
- GDPR universal application
- No revenue thresholds
- Limited exemptions
- Broader coverage
- Stricter requirements
The American approach to “comprehensive” legislation differs significantly from international standards, reflecting unique policy priorities and legal frameworks. Understanding these distinctions is crucial for professionals navigating compliance requirements across jurisdictions.
