Privacy Daily is a service of Warren Communications News.

Private Right of Action

Private rights of action allow individuals within the U.S. to file civil lawsuits when their rights are violated, creating a pathway for enforcement beyond regulators. As state privacy laws emerge, debate over private right of action provisions for privacy violations will determine how much power consumers will have under laws like California's Consumer Privacy Act (CCPA) and Illinois' Biometric Information Privacy Act (BIPA). State laws differ significantly on key issues like standing, statutory damages and federal preemption, leading to inconsistent legal requirements and risk across jurisdictions. This page tracks active litigation, proposed legislation and precedent that could define the future of private enforcement in privacy law.