When Marriott paid over $23 million to the UK’s ICO for failing to protect guest data, Honda paid $632,500 for not having a properly setup Consent Banner, Healthline paid $1.55 million fine, and Sephora was fined $1.2 million under the CCPA for deceptive consent practices, it became clear that privacy failures are not just IT issues—they are cultural failures. In that landscape, companies can’t afford to treat data privacy as a back-office chore.
A Different Kind of Champion – Privacy Champions are the Unsung Heroes of Modern Compliance
This is where the Privacy Champion steps in. Unlike a general counsel or a compliance officer, the Privacy Champion is embedded in the business. They’re the person who notices when marketing is about to launch a campaign with unchecked trackers, or when HR is rolling out new software that hasn’t been vetted. They are the internal advocate who reminds the organization that privacy is not optional, but fundamental.
Why the Role Exists: A Maze of Privacy Laws
Privacy Champions emerged because laws are multiplying faster than most organizations can keep pace:
- California: The CCPA/CPRA now includes strict notice and opt-out obligations, with the California Privacy Protection Agency (CPPA) actively pursuing enforcement.
- Other States: Colorado, Connecticut, Utah, Virginia, Texas, and Florida have rolled out their own frameworks, each with unique definitions and rights.
- Europe: The GDPR continues to set the global tone, with multi-million euro fines for consent violations (Meta, TikTok, Amazon).
- Litigation Pathways: Beyond regulators, private plaintiffs are increasingly armed with statutes like CIPA and ECPA that create opportunities for mass action.
For companies that operate nationally or globally, this patchwork means mistakes aren’t just likely—they’re inevitable without structured oversight.
The Litigation Reality: CIPA and ECPA
California Invasion of Privacy Act (CIPA)
CIPA, a law originally written in 1967 to prevent wiretapping, has been repurposed for the digital age. Plaintiffs’ firms have used it aggressively against companies deploying web tracking technologies such as:
- Chatbots & Session Replay: Javier v. Assurance IQ (2023) tested the use of session replay tools under CIPA, raising questions about whether copying keystrokes without explicit consent qualifies as illegal interception.
- Third-Party Pixels: Graham v. Noom, Inc. and numerous cases against retailers, healthcare providers, and universities have alleged CIPA violations for sharing browsing activity with analytics vendors.
- Call Recording: Multiple class actions have targeted businesses for recording customer service calls without “two-party consent.”
Settlements under CIPA lawsuits that go to court have ranged from hundreds of thousands to millions of dollars, and the threat of statutory damages (up to $5,000 per violation) creates explosive class action risk. Those who just receive a demand letter from the Tauler Smith, Swigart, and Levi Korsinsky’s of the world are typically paying less than $100,000 but almost instantly realize they need to use Captain Compliance’s consent management software if they want to stay compliant moving forward.
Electronic Communications Privacy Act (ECPA)
At the federal level, ECPA is similarly being stretched into the digital era:
- In re: Facebook Internet Tracking Litigation – Facebook agreed to a $90 million settlement for allegedly violating ECPA by tracking users’ browsing activity even after they logged out. Last week Aspen Dental settled one for $18.7 million thanks to law firm Almeida Laws claims for privacy violations.
- Popa v. Harriet Carter Gifts, Inc. – The Third Circuit revived ECPA claims involving website session replay, signaling that plaintiffs can use the statute against seemingly common online practices.
- Healthcare & HIPAA Overlap: Multiple hospital systems have faced ECPA and CIPA claims for embedding Meta or Google pixels on patient portals, leading to regulatory scrutiny and class action lawsuits.
These cases show how once-obscure privacy statutes are now headline risks for mainstream companies and it’s just the beginning and will only get worse if you don’t have a privacy champion on your team.
Why Privacy Champions Alone Aren’t Enough
Internal Privacy Champions often know the risks but struggle to:
- Keep up with changing case law.
- Audit third-party tracking tools or SaaS vendors.
- Prove compliance when litigation arises.
- Translate complex regulations into operational safeguards.
That’s where external partners make the difference.
Captain Compliance: An External Privacy Champion
Captain Compliance works as an extension of your in-house Privacy Champion, providing:
- Litigation Readiness: Documented compliance efforts that can be used to demonstrate good faith in CIPA/ECPA defenses.
- Consent Banner Optimization: Ensuring cookie and tracking disclosures meet regulatory and case law expectations.
- DSAR & Opt-Out Infrastructure: Automated workflows to handle deletion, access, and rectification requests across multiple brands.
- Regulatory Horizon Scanning: Tracking evolving laws and lawsuits so your internal champion isn’t blindsided.
- Training & Awareness: Practical enablement for business teams, not just legal staff.
Together, this dual model—internal culture + external expertise—helps companies avoid costly mistakes and demonstrate accountability when challenged.
Internal vs. External Privacy Champions
| Aspect | Internal Privacy Champion | Captain Compliance (External Partner) |
|---|---|---|
| Focus | Embeds privacy awareness in daily operations | Provides compliance expertise, monitoring, and defense |
| Knowledge Base | Organization-specific processes and workflows | Cross-industry best practices and global legal updates |
| Authority | Influences teams internally | Brings external validation and risk assessments |
| Limitations | Time-constrained, may lack deep legal/technical knowledge | Cannot replace internal cultural ownership |
| Best Use | Acting as a frontline advocate for privacy in the business | Acting as a shield against litigation and regulator risk |
Beyond the Champion: Formal Privacy Leadership Roles
While the Privacy Champion role is often informal, many organizations also have formal privacy leaders:
- Chief Privacy Officer (CPO): Usually an executive role responsible for setting organizational privacy strategy, liaising with the board, and overseeing high-level compliance efforts.
- Data Protection Officer (DPO): Required under the GDPR for organizations that process large volumes of sensitive data or engage in systematic monitoring. The DPO must act independently, advising on compliance, monitoring adherence, and serving as a contact point with regulators.
- EU Representative: For non-EU companies subject to GDPR, Article 27 requires appointing an EU-based representative to act as a contact point for regulators and data subjects. This role ensures international companies cannot ignore EU data subjects’ rights.
Each of these roles complements the Privacy Champion, but they differ in scope. Champions embed privacy into operations, while CPOs, DPOs, and EU reps provide structure, oversight, and regulatory visibility.
Legal as the Default Privacy Champion
In many organizations, Legal departments unintentionally become the Privacy Champions. General Counsel and compliance attorneys:
- Interpret Laws: Explaining how new rules like CPRA, Colorado’s CPA, or GDPR apply to daily business.
- Review Contracts: Ensuring data processing agreements (DPAs) meet requirements.
- Defend Litigation: Handling subpoenas, regulatory inquiries, and class action lawsuits.
- Draft Policies: Writing privacy policies, cookie disclosures, and internal guidelines.
While legal expertise is indispensable, the challenge is that lawyers often react after the fact, when a breach or lawsuit has already emerged. That’s why Privacy Champions (operational), Legal (strategic/defensive), and external partners like Captain Compliance (compliance infrastructure) must work together.
The Takeaway
The rise of CIPA and ECPA lawsuits shows that privacy enforcement isn’t just coming from regulators; it’s also being driven by plaintiffs’ firms and class actions. Privacy Champions inside organizations are essential, but they can’t do it alone.
By pairing internal champions with formal privacy leadership roles (CPOs, DPOs, EU reps), supported by external partners like Captain Compliance, companies create a multi-layered defense system.
It’s this layered approach—cultural, operational, strategic, and external—that allows businesses to protect not just data, but trust, reputation, and long-term viability.
Become a privacy champion today within your organization and let us help. Book a demo below to see how our data privacy software tools can help automate compliance requirements and protect against litigation claims.
