Privacy Regulation Framework in the United States

This practice note serves as a guide for privacy officers and professionals, outlining the regulatory landscape of commercial privacy issues in the United States. It provides a foundational overview of U.S. privacy laws, categorizing them into four main approaches: sector-specific laws, use case-specific laws, data-specific laws, and comprehensive state privacy laws. The note highlights recent trends, noting that while federal privacy law remains largely unchanged, several states have enacted comprehensive privacy laws, influenced by emerging data issues and the shift towards remote work. The document details key federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), and the Family Educational Rights and Privacy Act (FERPA), discussing their implications and the responsibilities they impose on covered entities. Additionally, it addresses the evolving role of the Federal Trade Commission (FTC) in enforcing privacy regulations, emphasizing the need for companies to stay informed about their compliance obligations amidst a complex and changing legal landscape.