Perspectives from FSF Scholars April 19, 2024 Vol. 19, No. 13

But the MODPA, which is the first to incorporate the concept of "data minimization" ("A controller shall … limit the collection of personal data to what is reasonably necessary and proportionate"), threatens to exacerbate the degree of difference substantially. [...] In addition, the APRA allows consumers to opt out of (1) the transfer of "non-sensitive" covered data, (2) the use of personal information for targeted advertising, and (3) the use of algorithms for "consequential decisions" in several contexts, including housing, employment, and education. [...] The Discussion Draft authorizes the Federal Trade Commission to implement various provisions of the APRA, such as the creation of a data broker registry that includes a "do not collect" mechanism similar to the "do not call" list. [...] To the extent that the aim is to restrict contractual rights, the scope of that restriction should be tightly drawn. [...] The views expressed in this Perspectives do not necessarily reflect the views of others on the staff of the Free State Foundation or those affiliated with it.