The United States is in the process of completing its 59th presidential election and electing its 46th president. A change in administrations is inevitably accompanied by a change in executive priorities. Assuming that Vice President Biden is sworn in as President on January 20, 2021, the area of data privacy will likely be of particular focus under the Biden Administration, with consequences for data privacy litigation. Lydia de La Torre, Glenn Brown, Kristin Bryan and Aaron Garavaglia offer their insights regarding the anticipated impact a Biden presidency may have in this area.
Broadly speaking, it is anticipated that a Biden Administration will likely focus on the passage of federal data privacy legislation, renegotiate conditions for EU data transfers to the US, reintroduce a cybersecurity coordinator to the White House, and increase FTC enforcement activity. Of course, several of these issues are contingent upon which party will come to control the Senate, a question that will not be answered until the two runoff elections in Georgia are completed in early January 2021. Their analysis is available on our sister blog, Consumer Privacy World.