The regulation of data protection law in the United States

towards an American GDPR

Abstract

This paper addresses the review of the existing privacy and data protection legal frameworks in the United States, both at the federal and state levels. They constitute an intricate regulatory puzzle that has been heavily criticized for its lack of effectiveness, obsolescence, and poor regulatory technique. The States, for their part, have begun to enact their respective privacy and data protection laws, which create different obligations for companies without consistently ensuring that individuals receive adequate protection. This situation is expected to be corrected by means of a forthcoming federal law on the subject: the American Data Privacy and Protection Act (ADPPA), the outlines of which are set out in the paper.