"Time will tell what legislators will decide, but at least some experts see a light at the end of the tunnel. Omer Tene, chief knowledge officer at the IAPP, says the U.S. “has never come closer” to passing a federal consumer privacy law, adding that there actually “isn’t much daylight” between the various versions Congress is considering.
“In our opinion, there is definitely a zone for agreement between both sides,” says Tene. On preemption, the law will likely seek to harmonize the national landscape and prevent a quilt-work of conflicting legislation, but at the same time preserve space for states to innovate on specific issues such as AI, IoT or facial recognition. On a private right of action, the law will likely place great powers with institutional enforcers such as the FTC and state AGs, but also allow individuals to pursue claims in areas such as employment, housing or credit discrimination.”"