The Wall Street Journal Quotes Natasha Kohne on Private Right of Action as a Stumbling Block to Privacy Legislation

The Wall Street Journal has quoted Akin Gump cybersecurity, privacy and data protection practice co-head Natasha Kohne in the article “State Data Privacy Bills Stumble.” The Journal reports that the so-called private right of action has remained a stumbling block for some states seeking to enact their own privacy legislation.

According to the article, a private right of action exposes companies to more lawsuits, which businesses say can be frivolous, leading to little benefit for consumers. The opposing side, the article says, argues that the private right of action is key to holding companies accountable.

In California, which enacted its California Consumer Privacy Act (CCPA) at the beginning of 2020, the article says the impact of such consumer lawsuits remains unclear. Plaintiffs’ attorneys there cited the state’s privacy law in 76 class-action lawsuits last year, said Kohne, and companies still await opinions that could hint at how courts will interpret the statute.

“There’s an experiment going on,” Kohne said, “and we’re waiting for the first real decision.”

In March, Kohne was part of the Akin Gump team that released “2020 CCPA Litigation Report: Trends and Developments,” a report examining the first year of civil litigation related to the CCPA and previewing what to expect throughout the remainder of 2021 and beyond.