A private right of action is a legal provision that grants individuals the ability to bring a lawsuit against a party that has wronged them and to seek redress for the harm that they have suffered. A private right of action is a fundamental component of the U.S. judicial system and an essential element of enforcing privacy rights.
Privacy advocates argue that a private right of action is necessary to hold perpetrators of privacy violations accountable and to address the limitations of the FTC's enforcement authority. However, businesses are concerned that a private right of action would lead to a proliferation of frivolous lawsuits that would burden responsible data processors and impede innovation. References:
* U.S. Private-Sector Privacy, Third Edition by Peter P. Swire, DeBrae Kennedy-Mayo, Chapter 2, Section 2.3.3, pp. 35-36.
* How to end the deadlock on the private right of action by Paula Bruening, IAPP Privacy Perspectives, Jan 20, 2022.
* Private Right of Action (Legal Definition & Examples) by Lawrina, accessed on Jan 25, 2022.