Journal Title
Creighton Law Review
Volume
58
Issue
2
First Page
267
Document Type
Article
Publication Information
2025
Abstract
In 2021, a data privacy white paper was published with the support of the Center of Consumer Law and Education-a joint initiative with West Virginia University and Marshall University. That paper provided a comprehensive overview of data privacy around the country (and indeed, a look around the world) and discussed various ways that consumers engage with data and data privacy issues-while focusing on West Virginia and the issues that the state's residents face. Specifically, the paper provided the results of a survey of West Virginians and a set of focus groups held to discern what consumers in the state consider the most important issues that they face with regard to their privacy.
A second edition of this white paper was published in July of 2024, to provide readers with an accurate assessment of the current landscape and issues regarding ways that data, its benefits, and the harms involved in its misuse can intersect. The white paper proposed twelve general principles to consider in relation to data privacy policy. The principles were designed for both businesses and legislators, to help these constituents by providing guidelines for each to consider as they begin considering what makes for robust data privacy.
In this essay, we attempt to provide guidance for states that have not yet passed a data privacy bill. To that end, we highlight four general principles taken from the white paper that we believe would help policy makers and legislatures in those states create a robust data privacy bill and analyze why such protections are needed. By analyzing the work of other lawmakers and identifying how components of data privacy bills in other jurisdictions align with our general principles, we hope to provide helpful guidance regarding what an optimal data privacy law should look like-especially in light of survey information showing consumers' proprietorial view of the data.
Recommended Citation
Jena Martin & Erin Kelley, Misaligned: An Update on Trends in Data Privacy Laws and Their Effect on Individuals, 58 Creighton L. Rev. 267 (2025).