Loper Bright Enterprises v. Raimondo and the Future of Privacy and Compliance Enforcement in the United States

Loper Bright Enterprises v. Raimondo and the Future of Privacy and Compliance Enforcement in the United States

This IDC Perspective discusses the Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which eliminates Chevron deference, requiring courts to independently interpret statutes without deferring to administrative agencies. This shift impacts privacy enforcement, particularly the FTC's ability, to regulate data privacy under consumer protection laws. Organizations must navigate a new regulatory landscape, balancing compliance and trust while resisting the temptation to deprioritize privacy initiatives. "Under the new regime created by SCOTUS in Loper Bright, the FTC may be challenged to enforce data privacy via consumer protection laws. This requires a decent amount of deference for the FTC to enforce. The FTC's ability to be the privacy watchdog of the United States is in jeopardy," says Ryan O'Leary, Esq., research director, Privacy and Legal Technology at IDC.