Private right of action
CIPP/US glossary · Last reviewed: · By Victor Humenhuk (CIPP/US certified)
Private right of action - A statutory right allowing harmed individuals to sue directly; granted by nearly 15 states' breach laws, with recovery often capped at actual damages plus fees.
In the CIPP/US body of knowledge, Private right of action comes up under Chapter 2: U.S. Legal Framework; Chapter 5: Federal and State Regulators and Enforcement of Privacy Law; Chapter 6: State Comprehensive Privacy Laws.
Private right of action in context
- specific authority==, ==preemption==, and ==private right of action==. (Key Definitions: Person, Jurisdiction, Authority, Preemption, Private Right of Action)
- It covers entities doing business in California that hold ==computerized personal information==, requires expedient notice of breaches of ==unencrypted== data, is enforced by the ==California AG with a private right of action==, and exists to fight ==identity theft==. (Applying the Framework: California SB 1386 Breach Notification)
- Illinois's ==BIPA (2008)== requires notice and consent for biometrics and has a ==private right of action==; California's ==Age-Appropriate Design Code Act (2022)== protects users ==under 18==. (Additional State Protections: Torts, BIPA, and the AADC Act)
Where Private right of action is covered in the CIPP/US study notes
- Key Definitions: Person, Jurisdiction, Authority, Preemption, Private Right of Action
- Types of Litigation and Enforcement
- Federal Preemption and Private Right of Action Debates
- Enforcement: Penalties and Private Rights of Action
- HIPAA Enforcement and Penalties
- Washington's My Health My Data Act and Consumer Health Data Laws
Related terms
- Person
- Jurisdiction
- General authority
- Specific authority
- Civil litigation
- Injunction
- Criminal prosecution
- Administrative enforcement action
- APA
- ALJ
Test yourself on Private right of action
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