U.S. Sen. John Thune, R-S.D., said three of his Democratic colleagues want the right to sue a company for mishandling personal data to be added to a federal privacy law, Bloomberg reports. Thune said Democrats desire a measure to make companies responsible for individuals’ data, but discussions on a private right of action are likely to face opposition from Republicans. “The Democrats have a real interest in a duty of care standard and a private right of action,” Thune said. “Republicans have differing views.” Previous arguments from Republicans and industry groups on an individual right to sue were focused on a potential overflow of litigation and the subsequent drowning of small businesses. (Registration may be required to view this story.) Editor's Note: In a recent Privacy Perspectives post, Attorney Beth Graham, CIPP/E, CIPP/US, CIPM, provided her take on why a mandatory arbitration carve-out is necessary in a federal privacy law.
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