{"id":62774,"date":"2023-02-21T08:00:00","date_gmt":"2023-02-21T16:00:00","guid":{"rendered":"https:\/\/www.salesforce.com\/?p=62774"},"modified":"2024-05-29T10:35:30","modified_gmt":"2024-05-29T17:35:30","slug":"salesforce-public-policy-experts-on-whats-next-for-u-s-privacy-law","status":"publish","type":"post","link":"https:\/\/www.salesforce.com\/news\/stories\/salesforce-public-policy-experts-on-whats-next-for-u-s-privacy-law\/","title":{"rendered":"Salesforce Public Policy Experts on What’s Next for U.S. Privacy Law"},"content":{"rendered":"\n

Editor\u2019s note: This article was updated on May 29, 2024 to reflect the release of the American Privacy Rights Act (APRA). <\/em><\/p>\n\n\n\n

On April 7, 2024, Senate Commerce Committee Chair Maria Cantwell and House Energy and Commerce Committee Chair Cathy McMorris Rodgers jointly released<\/a> a draft of the American Privacy Rights Act (APRA), building on previous bipartisan and bicameral privacy legislation efforts.<\/p>\n\n\n\n

The American Privacy Rights Act (APRA) is critical progress towards a much needed U.S. federal privacy law. We applaud the work of Chairs Cantwell and Rodgers and their commitment to protecting Americans\u2019 data privacy. Salesforce has long advocated for nationwide privacy protections and the AI innovation revolution makes it even more necessary.<\/p>\n\n\n\n

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Editor\u2019s note: This article was originally published on February 21, 2023.<\/em> AI Cloud, Einstein GPT, and other cloud GPT products are now Einstein. For the latest on Salesforce Einstein, go <\/em>here<\/em><\/a>.<\/em><\/p>\n\n\n\n

The year ahead could be an inflection point for privacy law in the United States. In this interview, Salesforce\u2019s Ed Britan<\/a>, Head of Global Privacy, and Hugh Gamble<\/a>, Vice President, Federal Government Affairs & Public Policy, share why that\u2019s the case \u2014 and reveal how companies can keep pace in a climate of mixed regulations and expectations.<\/p>\n\n\n\n

Q. How are global organizations and governments approaching data privacy today? <\/h4>\n\n\n\n

Britan<\/em>: Governments and companies want more control over their data, to be accessed when, where, and how they intend.<\/p>\n\n\n\n

And, they increasingly want to keep their data within certain jurisdictional boundaries. At Salesforce, this happens through Hyperforce for data residency<\/a>, and with the Hyperforce EU Operating Zone<\/a>, which will ensure that customer data is stored and processed solely within the EU with 24\/7 customer and technical support delivered by EU-based personnel.<\/p>\n\n\n\n

We\u2019re also seeing customers increasingly seek out products that help them meet their global legal obligations, such as new rules in the California Privacy Rights Act (CPRA)<\/a> and other U.S. state laws around collecting and managing customer engagement preferences.<\/p>\n\n\n\n

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We’re really focused on helping customers comply with these kinds of obligations with our Privacy Cen<\/a>ter<\/a> product and other products that support Global Privacy Control-based opt outs and consent management.<\/p>\n<\/blockquote>\n\n\n\n

Q: What is the impact of the United States\u2019 failure to pass a federal privacy law?<\/h4>\n\n\n\n

Gamble:<\/em> The U.S. Congress made progress with last year\u2019s draft federal privacy law; the American Data Privacy Protection Act<\/a> (ADPPA). Many organizations, including Salesforce, were championing the law, but it ultimately stalled as Congress tackled other priorities. <\/p>\n\n\n\n

The continued lack of a federal law encourages individual states to take action. This is a challenge for companies in every industry, because they have to comply with varying laws in different jurisdictions in addition to international regulations.<\/p>\n\n\n\n

Q. What will it take for the U.S. to enact a federal privacy law? <\/h4>\n\n\n\n

Gamble: <\/em>We believe that privacy is a fundamental human right and should protect users in whichever zip code they reside. <\/p>\n\n\n\n

A bipartisan privacy agreement in Congress, if reached, could be a prime candidate for passage in a political environment where there are precious few opportunities to work across the aisle. <\/p>\n\n\n\n

As with any newly-elected Congress, some new faces have emerged as key stakeholders on the committees relevant to privacy. And, initial commentary shows that members understand the need for a federal law.  <\/p>\n\n\n\n

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If they use the draft agreement (ADPPA) from the last Congress, which attracted \u00be of bipartisan leadership in the House and Senate Commerce Committees, they\u2019re closer to a workable agreement than most realize.<\/p>\n<\/blockquote>\n\n\n\n

Q. How are companies in highly regulated industries (e.g., healthcare and financial services) navigating this patchwork of data privacy compliance?<\/h4>\n\n\n\n

Gamble: <\/em>Highly regulated industries, like healthcare, have additional rules governing their specific sectors, such as the Health Insurance Portability and Accountability Act, commonly known as HIPAA. A national privacy law could assist in providing clarity around privacy related to medical records, data collection, storage from mobile medical devices, and more. <\/p>\n\n\n\n

The varying rules also impact consumer privacy. Just look at the rise of consumer AI through ChatGPT. The EU is again leading the way in this space and is on a path to regulating AI technology. <\/p>\n\n\n\n

The United States is again lagging; the draft ADPPA had provisions related to algorithmic assessment that would help govern these kinds of fast-moving applications of AI, and a lack of rules could expose some users while deterring responsible, risk sensitive customers from adopting AI solutions.<\/p>\n\n\n\n

Q: Are consumers comfortable with the status quo when it comes to data privacy? Or are you seeing a push for more protections?<\/h4>\n\n\n\n

Britan:<\/em> Consumers are demanding privacy protections more loudly than ever. <\/p>\n\n\n\n

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The Salesforce <\/a>Connected<\/a> Customer report<\/a> notes that 74% of consumers say companies collect more personal information than they need, and 64% say most companies aren\u2019t transparent about how they use personal information.<\/p>\n<\/blockquote>\n\n\n\n

The vast majority of consumers want to engage online and they understand that this necessitates the sharing of their data. However, they also want to be able to control what data is collected, how it is used, and to know that companies will be held accountable for using data responsibly.<\/p>\n\n\n\n

Q: How can companies balance consumer privacy considerations with business goals? <\/h4>\n\n\n\n

Britan:<\/em> Companies are embracing the use of first-party data for responsible and effective engagement. <\/strong>Third-party targeted advertising is being rapidly phased out by laws and market pressures, but companies still need to engage with people. Fortunately, there are tools, such as Salesforce\u2019s Data Cloud<\/a>, that help companies use the data they collect directly from customers to effectively and responsibly engage with those customers. <\/p>\n\n\n\n

The benefits of using first-party data for customer engagement are clear for privacy and business purposes:<\/p>\n\n\n\n