Data-Driven Democracy: Federal and State Approaches to Regulating Consumer Data Used in Political Campaigning

As political campaigning becomes increasingly digital and data-driven, data privacy has become a question of democratic governance. Yet, Congress has yet to pass a comprehensive federal data privacy law and even the strongest subnational data privacy laws exempt political campaigns from regulation. <br/><br/>This thesis examines how data privacy laws impact data-driven and digital political campaigning. Specifically, it investigates what information is incorporated into the political data ecosystem, how data privacy laws regulate the collection of this data, and how actors in the political data ecosystem respond to these laws. It examines both sector-specific federal law and subnational data protection regulation through a case study of California. This research suggests that although the California Consumer Privacy Act and California Privacy Rights Act are landmark steps in American data protection, subnational data privacy law remains inhibited by the federal market-based approach.