GDPR Coming To US? American Privacy Rights Act (APRA) is a Bipartisan Proposal Circulating Congress
TL;DR: Congress is showcasing a renewed push for comprehensive privacy regulation at the federal level.
Lawmakers recently unveiled the American Privacy Rights Act (APRA), a significant bipartisan effort led by Sen. Maria Cantwell and Rep. Cathy McMorris Rodgers. This federal privacy law proposal aims to address key issues in privacy legislation, including preemption and enforcement, while incorporating provisions for sensitive data protection and consumer rights. Notably, the APRA is distinct from last year’s American Data Privacy and Protection Act (ADPPA), showcasing a renewed push for comprehensive privacy regulation at the federal level.
The APRA introduces various provisions to regulate entities within the private sector, including data holders, data brokers, and high-impact social media companies. It defines covered data broadly and establishes special requirements for handling sensitive data, such as health information and biometric data. Additionally, the bill outlines consumer rights, including the right to access, correct, and delete personal data, as well as the right to opt out of certain processing activities like targeted advertising.
The bill imposes robust privacy and security requirements on covered entities, including data minimization, transparency, and executive responsibility mandates. It also establishes mechanisms for enforcement, allowing regulatory agencies like the FTC and state Attorneys General to take action against violations. Furthermore, the APRA includes provisions for private right of action, enabling consumers to seek remedies for privacy breaches through legal recourse.
As discussions progress, stakeholders will evaluate the bill’s implications on various fronts, including its alignment with state privacy laws, its impact on emerging technologies like artificial intelligence (AI), and its potential to shape the future of data privacy regulation in the United States. With ongoing deliberations and hearings scheduled in Congress, the fate of the APRA remains uncertain, but its introduction signals a significant step towards comprehensive federal privacy legislation.
Refs
- Full Text Bill (140pg)
- Congressional Summary (6pg)