United States
ModerateSectoral: CCPA/CPRA, HIPAA, COPPA, GLBA, state laws
Authority: FTC + State Attorneys General | Enforcement: Active | Enacted: January 2020
Overview
The US lacks a comprehensive federal privacy law. Instead, it relies on a patchwork of sectoral federal laws (HIPAA for health, COPPA for children, GLBA for financial) and rapidly expanding state laws. California's CCPA/CPRA is the most comprehensive, with 19+ states having enacted privacy legislation by 2026. The American Data Privacy and Protection Act (ADPPA) has been proposed but not enacted.
14-Topic Coverage
Data Protection Authority
Partially AddressedNo single federal DPA. FTC has de facto authority through Section 5 (unfair/deceptive practices). California Privacy Protection Agency (CPPA) is the first dedicated state privacy regulator. State AGs enforce state privacy laws.
Consent Requirements
Partially AddressedNo universal consent requirement. CCPA uses opt-out model for data sales. COPPA requires parental consent for children under 13. Opt-in required for sensitive data under several state laws.
Data Subject Rights
Partially AddressedCCPA/CPRA provides: right to know, delete, correct, opt-out of sale/sharing, limit use of sensitive data, and non-discrimination. Other state laws provide similar but varying rights.
Cross-Border Transfer
Not AddressedNo general restrictions on international data transfers. EU-US Data Privacy Framework enables transfers from EU. Sector-specific requirements may apply (e.g., ITAR for defence data).
Breach Notification
Fully AddressedAll 50 states have breach notification laws. Generally require notification to individuals and state AG. Timelines vary (24 hours to 60 days). No single federal breach notification law.
DPO Requirements
Not AddressedNo general DPO requirement. HIPAA requires a Privacy Officer for covered entities. Some state laws encourage but do not mandate privacy officers.
Children's Data
Fully AddressedCOPPA requires verifiable parental consent for children under 13. FTC actively enforces. Several states (CA, CT, TX) have additional children's privacy laws. Age-appropriate design codes emerging.
Penalties & Enforcement
Fully AddressedFTC can impose unlimited penalties for violations. CCPA: $2,500/violation, $7,500/intentional violation. State AGs can pursue civil penalties. Private right of action for data breaches under CCPA.
Sector-Specific Rules
Fully AddressedHIPAA (health), GLBA (financial), FERPA (education), FCRA (credit reporting), ECPA (electronic communications). Most regulated sectors have specific data rules.
Cookie/Tracking
Partially AddressedNo federal cookie law. CCPA opt-out requirements effectively cover tracking for advertising. Some state laws address online tracking. Industry self-regulation through DAA principles.
AI & Automated Decisions
Partially AddressedNo comprehensive federal AI law. Colorado AI Act (2024) regulates high-risk AI. NYC Local Law 144 requires bias audits for automated employment decisions. FTC scrutinising AI practices.
Data Localisation
Not AddressedNo general data localisation requirements. Sector-specific requirements for government data (FedRAMP) and some financial data.
Significant Data Fiduciary
Not AddressedNo equivalent concept. Large data brokers subject to registration requirements in some states (California, Vermont).
Government Data
Fully AddressedFourth Amendment protections. FISA and Executive Order 14086 govern intelligence community access. Privacy Act of 1974 governs federal agency data. State laws vary.
Key Statistics
- Maximum Penalty
- Varies by law — CCPA: $7,500/violation; FTC: unlimited
- Authority
- FTC + State AGs
Coverage Summary
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