
Privacy from the US Gov?
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Published: April 3, 2025
Hello all, and happy Thursday!
Roughly fifty years ago, the US passed the Privacy Act to protect citizens from government snooping. Now, Democratic senators have introduced legislation aiming to incorporate some much-needed updates to that law.
It’ll come as no surprise that a fifty-year-old law hasn’t really kept up with the times, but the Privacy Act was flawed from the start. It contains a number of exemptions for the disclosure of citizens’ private information, including an exemption for “routine use” that became effectively carte blanche for federal agencies to use and re-use personal information as desired.
The proposed law introduces new requirements around data minimization, requires routine use to be reasonably necessary and appropriate, and bumps up the penalties associated with violations, among other changes.
While this isn’t a federal comprehensive privacy law for the US in the same way that the GDPR is for the EU, it would provide sorely needed protections between citizens and the US government. In the US, privacy has mainly focused on consumers; if you buy a product or service, your privacy should be respected. But when it comes to your government? US privacy law doesn’t have too much to say about that.
I wouldn’t bet on this piece of legislation becoming law, unfortunately, but it’s always good to see privacy—including the privacy of citizens from their governments—brought up in the conversation.
Best,
Arlo
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Consumer Reports and researchers from Wesleyan University released findings from a joint study examining how companies are complying with opt-out requests sent by universal opt-out mechanisms, such as Global Privacy Control (GPC). The study found that many businesses are ignoring universal opt-out requests.
In 1974, the United States Congress passed the Privacy Act in response to public concerns over the US government’s runaway efforts to harness Americans’ personal data. Democratic senators Ron Wyden, Ed Markey, Jeff Merkley, and Chris Van Hollen introduced the Privacy Act Modernization Act of 2025—a direct response, the lawmakers say, to the seizure by DOGE of computer systems containing vast tranches of sensitive personal information—moves that have notably coincided with the firings of hundreds of government officials charged with overseeing that data’s protection.
On March 24, 2025, Virginia Governor Youngkin signed into law S.B. 754, which amends the Virginia Consumer Protection Data Act (VCDPA) to prohibit the collection, disclosure, sale, or dissemination of consumers’ reproductive or sexual health data without consent.
The European Union is pressing ahead with its plans to enforce new laws on social media platforms like X, TikTok, and Facebook, despite pressure from the US. European Commission Executive Vice President Henna Virkkunen explained that these laws are crucial for protecting democracy from disinformation and market abuses. The Digital Services Act (DSA), which addresses disinformation, and the Digital Markets Act (DMA), aimed at ensuring a fairer digital economy, have come under significant scrutiny from US President Donald Trump's top ally, Elon Musk.
In advance of its April 4, 2025, board meeting, the California Privacy Protection Agency (CPPA) released a discussion draft of revisions to its proposed California Consumer Privacy Act (CCPA) regulations. These revisions pertain to cybersecurity audits, risk assessments, and automated decision-making technology (ADMT), serving to update the existing CCPA proposed regulations.
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Arlo Gilbert is the CEO & co-founder of Osano. An Austin, Texas native, he has been building software companies for more than 25 years in categories including telecom, payments, procurement, and compliance. In 2005 Arlo invented voice commerce, he has testified before congress on technology issues, and is a frequent speaker on data privacy rights.
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