2022Privacy

Written By Digital Content Editor Thomas Ahearn

In June 2022, United States House and Senate leaders released a discussion draft of a comprehensive national data security framework called the “American Data Privacy and Protection Act,” the first privacy proposal to gain bipartisan support, according to a press release on the House Committee on Energy and Commerce website.

U.S. Representatives Frank Pallone, Jr., D-N.J. and Cathy McMorris Rodgers, R-Wash., Chairman and Ranking Member of the House Committee on Energy and Commerce, and U.S. Senator Roger Wicker, R-Miss., Ranking Member of the Senate Committee on Commerce, Science, and Transportation, released the Act, which would:

  • Establish a strong national framework to protect consumer data privacy and security;
  • Grant broad protections for Americans against the discriminatory use of their data;
  • Require covered entities to minimize on the front end, individuals’ data they need to collect, process, and transfer so that the use of consumer data is limited to what is reasonably necessary, proportionate, and limited for specific products and services;
  • Require covered entities to comply with loyalty duties with respect to specific practices while ensuring consumers don’t have to pay for privacy;
  • Require covered entities to allow consumers to turn off targeted advertisements;
  • Provide enhanced data protections for children and minors, including what they might agree to with or without parental approval;
  • Establish regulatory parity across the internet ecosystem; and
  • Promote innovation and preserve the opportunity for start-ups and small businesses to grow and compete.

“This bipartisan and bicameral effort to produce a comprehensive data privacy framework has been years in the making, and the release of this discussion draft represents a critical milestone,” Representatives Pallone and Rodgers, and Senator Wicker stated in the press release about the American Data Privacy and Protection Act.

“This bill strikes a meaningful balance on issues that are critical to moving comprehensive data privacy legislation through Congress, including the development of a uniform, national data privacy framework, the creation of a robust set of consumers’ data privacy rights, and appropriate enforcement mechanisms.” 

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