USA: The End of Chevron Deference and Its Impact on Data Privacy Regulation and Enforcement

Data Strategy, Security & Privacy attorney Mark Francis authored an article for OneTrust DataGuidance discussing three pivotal U.S. Supreme Court decisions that could reshape federal regulatory authority in the field of data privacy and security. These rulings, in particular the Loper Bright Enterprises decision overturning Chevron deference, empower courts to interpret statutes without deferring to agency interpretations and could potentially lead to increased challenges to federal agency regulations and enforcement actions. In his article, Mr. Francis analyzes the implications for data privacy regulations, advocating for a cautious approach to drafting legislation and a potential shift toward more state-level regulation in the absence of comprehensive federal privacy laws.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.