Defining 'harm' emerges as major to-do in drafting national data privacy legislation

Clarifying a definition of “harm” has emerged as a critical element for policymakers working on drafting federal privacy and data security legislation, which could include granting the Federal Trade Commission greater enforcement authority, as lawmakers seek to balance privacy interests with industry innovation.

“One of the things about privacy is that it's a nebulous concept and different people see different risks as greater,” Republican FTC Commissioner Noah Phillips said at a Nov. 28 oversight hearing by a Senate Commerce...