[20190531]LSB10303_执行联邦隐私法宪法对私人诉讼权的限制.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Enforcing Federal Privacy LawConstitutional Limitations on Private Rights of Action May 31, 2019 Over the last two years, the prospect of a comprehensive federal data privacy law has been the subject of considerable attention in the press and in Congress. Some Members of Congress and outside groups have developed many proposals in the last six months alone. Some of the proposed legislation would limit companies ability to use personal information collected online, require that companies protect customers from data breaches, provide certain disclosures about their use of personal information, or allow users to opt out of certain data practices. Some proposals combine all of those elements or take still different approaches. One overarching question that every data privacy proposal raises is how to enforce any new federal rights or obligations that a given bill would impose. One traditional method of enforcement would be by a federal agency, such as the Federal Trade Commission or Department of Justice, through civil penalties or criminal liability. A bill could also provide for enforcemen