Conclusion

As part of comprehensive privacy legislation, Congress will have to decide on an enforcement regime. Should Congress create a new agency or expand the FTC’s jurisdiction? What role should states and individuals play in privacy enforcement?

There are significant benefits to the possibility of creating a new federal agency with express rulemaking and regulatory authority for privacy and data protection, although this must be done carefully to ensure the agency can overcome the challenges of being a new entity. There are also strong arguments in favor of continuing to permit states to pass their own laws and to allow state attorneys general to enforce a new federal law. Additionally, creating a private right of action could ensure that individual consumers are able to stand up for themselves in court.

Congress should carefully consider all of these options as it works to craft new federal privacy legislation. The impact of any new rules will depend on the effectiveness of their enforcement, and individuals are counting on Congress to ensure that their privacy is protected.