Re: Comments on Request for Information to Explore Data Privacy and Security Framework
The U.S. Chamber of Commerce (“Chamber”) respectfully submits comments in response to the U.S. House of Representatives Privacy Working Group’s Request for Information (“RFI”) to explore a data privacy and security framework.[1] Data is foundational to the economic growth that boosts wages and creates jobs, allows small businesses to compete, promoting societal welfare like public safety and healthcare, and allows the United States to lead the globe in key emerging technologies such as Artificial Intelligence. At the same time, Americans should be assured that their privacy is protected in a consistent manner across the entire country and businesses must have the means necessary to comply with those requirements and while being able to innovate.
Accordingly, Congress should enact national data privacy legislation that has strong preemption and appropriate enforcement mechanisms. Such legislation should also enable reasonable and responsible uses of data by businesses for societally beneficial uses and allow for continued innovation. At the same time, there needs to be appropriate government enforcement to prevent fraud and increase the security and safety of all Americans.
The RFI appropriately recognizes that the United States digital economy adds $2.6 trillion to the economy and employs millions of Americans.[2] One of the benefits of the data-driven economy is the empowerment of small businesses and startups. The Chamber recently published the third installment of its Empowering Small Business report which found that 40 percent of small businesses are employing a generative AI tool and 98 percent are using an AI-enabled tool.[3] Businesses that are greater adopters of data-driven technologies, such as AI, were found to be more likely to have higher sales growth and job creation as compared to their counterparts who are not.[4]
The data-driven economy provides economic benefits to all sectors. Data is driving solutions to societal issues such as public safety, healthcare, and financial inclusion.[5] Data-enabled AI and secondary uses of data are already helping researchers to diagnose diseases, such as cancer, quicker and more accurately, develop new medical treatments, help emergency responders track wildfires, and for the government to operate more efficiently. To obtain these benefits, Congress needs to preempt the complex patchwork of state laws by adopting national privacy legislation.
A limited bipartisan consensus has been achieved through the sixteen states, including Kentucky, Texas, Virginia, that have adopted the Consensus Privacy Approach which gives over 100 million Americans consistent and reasonable data protections.[6] The Consensus Privacy Approach has data protections like the right to access, delete, and correct data held by companies and opt out of certain data processing and sharing practices. These states all vest their enforcement authorities in experienced government agencies and rejects private lawsuits which could be abused, while leading to decreased innovation and higher prices. This is why the Chamber and nearly 40 other trade associations called for Congress to draw upon the Consensus Privacy Approach in national legislation.[7]
Read the full comments here.
[1] Chairman Guthrie and Vice Chair Joyce Press Release (February 21, 2025) available at https://energycommerce.house.gov/posts/chairman-guthrie-and-vice-chairman-joyce-issue-request-for-information-to-explore-data-privacy-and-security-framework.
[2] Id.
[3] U.S. Chamber of Commerce, Empowering Small Business: The Impact of Technology on U.S. Small Business (September 2024) available at https://www.uschamber.com/assets/documents/Impact-of-Technology-on-Small-Business-Report-2024.pdf.
[4] Id.
[5] U.S. Chamber of Commerce, Data for Good: Promoting Safety, Health, and Inclusion (January 2020) available at https://www.uschamber.com/assets/documents/ctec_dataforgood_v4-digital.pdf.
[6] Jordan Crenshaw, “What Congress Can Learn from the States on Data Privacy,” Real Clear Policy (January 30, 2024) available at https://www.realclearpolicy.com/2024/01/30/what_congress_can_learn_from_the_states_on_data_privacy_1008521.html.
[7] Letter to Chairmen Cruz and Guthrie and Ranking Members Cantwell and Pallone (January 24, 2025) available at https://www.uschamber.com/assets/documents/Coalition_PrivacyDay_SenateCommerceHouseEC_2025-01-28-143316_mbsb.pdf.
