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Can Plaintiffs’ Lawyers Fill the DPA Role?

PRIVACY LAW—U.S.

December 19, 2013

Recent Privacy Perspectives blog posts have discussed whether the Federal Trade Commission (FTC) and state attorneys general serve as de facto data protection authorities in the U.S. “Both sides are correct,” writes Jeff Kosseff, CIPP/US, “The FTC and state attorneys general help set the general requirements for privacy and data security, just as DPAs do in Europe.” Kosseff, a privacy and communications associate for Covington & Burling, writes, “But another group is playing a role in the shaping of U.S. privacy and not always in a way that benefits society.” In this installment of Perspectives, Kosseff points out that “the priorities of plaintiffs’ lawyers differ from those of independent government data protection authorities” and that “some have argued that class-action lawyers often lead to settlements that provide substantial attornies' fees for plaintiffs’ counsel and very little for individual class members.”
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