Bipartisan Deal Reached on Comprehensive Data Privacy Legislation
In a significant development, Congress is on the verge of passing a comprehensive data privacy bill that would establish a national standard for how companies collect, retain, and utilize user data. The proposed legislation, known as the American Privacy and Rights Act (APRA), is a result of a bipartisan effort led by Senators Maria Cantwell and Cathy McMorris Rodgers.
Key Provisions of APRA
Under APRA, users would have the right to:
- Opt-out of targeted advertising
- View, correct, delete, and download their data from online services
- Sue companies in response to privacy violations
The proposal also includes the creation of a national registry of “do-not-track” individuals, similar to the existing “do-not-call” registry for telemarketers.
Balancing State and Federal Regulations
One of the main points of contention in previous attempts to pass privacy legislation has been whether federal law should preempt stricter state-level rules. APRA aims to strike a balance by allowing states to pass their own privacy laws related to civil rights and consumer protections, among other exceptions. Senator Cantwell emphasized the importance of this compromise:
“I think we have threaded a very important needle here. We are preserving those standards that California and Illinois and Washington have.”
Enforcement and Scope of APRA
APRA empowers the Federal Trade Commission, state attorneys general, and private citizens to sue companies that violate the law. The legislation focuses on businesses with $250 million or more in yearly revenue, while exempting small businesses with $40 million or less in annual revenue and limited data collection.
Governments, entities working on behalf of governments, the National Center for Missing and Exploited Children, and fraud-fighting nonprofits are excluded from certain provisions of the bill.
Next Steps and Potential Challenges
While the draft has received support from key lawmakers, such as Representative Frank Pallone, it remains unclear whether APRA will garner the necessary backing for approval. Senators Cantwell and McMorris Rodgers plan to gather feedback from colleagues and send the bill to committees this month.
As conversations continue, the sponsors of the legislation aim to strengthen child safety provisions and ensure that the final bill strikes the right balance between protecting user privacy and allowing innovation in the digital economy.
1 Comment
About time Congress stepped up; will this really change the game, though?