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• A patchwork of privacy laws hurts American consumers
and business

There is a growing patchwork of state privacy laws. Since passage of
CCPA, voters in California have already passed a new ballot initiative,
the California Privacy Rights Act, and legislatures in Virginia and
Colorado have enacted their own versions of privacy rules. Already in
2022, twenty states and the District of Columbia are considering their
own widely different versions of data protection proposals.

Adding to the mix, the Federal Trade Commission (FTC) has indicated
that it anticipates initiating a rulemaking on privacy this year. Since
FTC rules do not preempt state law, a new rule would force companies
to comply with differing federal and state regimes, creating uncertainty
and burdening small businesses.

Just this week a new study was released by ITIF showing that a
complex state privacy patchwork of 50 laws could cost companies over
$1 trillion—and $200 billion for small businesses. With costs like these,
the United States will have difficulty competing internationally if its
companies have multiple sets of privacy rules to follow while other
nations take a more unitary approach.

• Congress must get policy right on privacy and AI

Not only does a patchwork harm businesses and consumers because
of a confusing compliance and enforcement environment, the lack of
clear privacy rules impacts future technologies as well. Just this month,
former Congressman Will Hurd (R-TX) talked about the importance of
getting a national data privacy law in place to help the nation lead on
artificial intelligence (AI).

Congress needs to address fundamental issues regarding consumer
privacy rights but should not rush to boil the ocean on all issues
concerning technology in a data protection bill. First and foremost, Congress needs to provide a robust
privacy standard that creates one single set of rules like data access, deletion, and opt-out rights.

Policymakers should avoid rushing to tackle issues, like automated decision-making, where more
data is needed. It is for this reason, the U.S. Chamber of Commerce formed an AI Commission on
Competitiveness, Inclusion, and Innovation. The Commission, co-chaired by former Congressmen John
Delaney (D-MD) and Mike Ferguson (R-NJ), brings together a diverse group of experts that will hold
listening sessions and hearings across the country to address how AI should be regulated fairly on issues
like bias. Certainty brought about by reasonable regulations will help the nation compete against China
which is working to outpace the United States in research and development of AI as well as regulation. The
Commission’s first field hearing will take place in Austin, Texas on March 10th.

If America gets AI policy wrong it will negatively impact many societally enhancing benefits like
securing our networks, speeding up vaccine development and delivery, and expanding financial credit to
underserved communities.

The U.S. needs a national privacy law to protect individual rights and spur innovation. Just this month,
over 80 local and state chambers of commerce recognized the need for the nation to compete by calling
on Washington to provide consumers and businesses with real and clear privacy protections. It’s time for
Congress to prioritize a federal privacy law.

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