Digital Privacy & Civil Rights

The National Consumers League,  Asian Americans Advancing Justice, the NAACP, National Action Network, and Full Color Future collaborated on a set of non-negotiables for strong privacy legislation.

1. Anti-Discrimination and Equal Opportunity

1. Prohibit use of personal data to discriminate in economic opportunities (employment, housing, credit, education, insurance)
2. Protect affirmative action and outreach to underrepresented communities
3. Prohibit use of personal data to engage in deceptive voter suppression
4. Bias and privacy risk audits for data processing practices
5. FTC rulemaking on discriminatory advertising
6. Reports to Congress from various federal agencies (e.g., CFPB, HUD, DoL, Ed, VA, HHS) on discrimination risks from personal data in their fields

2. Individual Rights

1. Right to access, correct, and delete personal information
2. Data portability

3. Use Limitations and Consent Frameworks

1. Data minimization or other collection limits
2. Purpose or context-based use restrictions
3. Opt-in consent for any consent-based options
4. Use restrictions on children’s information
5. Use restrictions for other “sensitive” information (e.g., location, content, health, sensor recordings, sexual life)

4. Algorithmic Decision Making

1. Impact assessments will be completed, including risks of unfair, biased, or discriminatory effects on consumers
2. Specified agency that will undertake such impact assessment (i.e. FTC, NTIA, etc.)
3. Include a right not to be subjected to algorithmic decision-making when it relates to life-changing effects on consumers’ financial status, health, jobs, or education.