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Patricia O'Connell
Senior Communications Manager

Kirk Nahra Discusses "Consumer Privacy Bill of Rights" Proposed by White House

March 9, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice, was quoted in a March 5 Law360 article about draft privacy legislation that was recently released by the White House and aims to give consumers more control over companies’ use of their personal data. The proposal, known as the “Consumer Privacy Bill of Rights,” is intended to set baseline privacy protections for all companies to follow, according to the article.

Mr. Nahra said some obligations in the bill lack clarity, including language concerning the context of a company’s privacy policy.

“The idea of context, while critical to an appropriate privacy balance, is exceedingly difficult to define in legislation,” Mr. Nahra said. He added that the overlaps between state and federal preemption, the application of other federal laws, and “who is in and out of the bill” are also “very confusing” in the White House proposal.

“This bill will generate a lot of discussion, but isn’t likely to move anywhere in this form,” Mr. Nahra said.