Data Minimization in the United States’ Emerging Privacy Landscape: Comparative Analysis and Exploration of Potential Effects

We published this discussion paper as part of a series on emerging privacy laws in the United States to offer analysis and recommendations to policymakers for safeguarding consumer data privacy and enhancing responsible data practices.

First, this paper analyzes the data minimization requirements in US state privacy laws and the proposed American Privacy Rights Act (“APRA”) — specifically, Section 102 of H.R. 8818 introduced on June 25, 2024.

Second, this paper explains, through case studies and examples from CIPL member organizations, how certain data minimization provisions in the APRA could affect business, research, government and other activities involving the collection and processing of personal data.

This analysis should be viewed in the context of our ongoing efforts to support a strong privacy ecosystem in the United States, where reasonable and beneficial data practices are promoted, and individuals’ privacy is safeguarded.

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