Proposed American Privacy Rights Act of 2024 Aims to Modernize National Privacy Law

The American Privacy Rights Act of 2024 (APRA) has been introduced by US House Committee on Energy and Commerce Chair Cathy McMorris Rodgers and Senate Committee on Commerce, Science and Transportation Chair Sen. Maria Cantwell. This new legislation aims to address the evolving concerns related to data privacy in the digital era, particularly focusing on new AI systems trained on large data sets.

APRA includes provisions such as limits on the types of consumer data companies can collect, the right for users to opt out of targeted advertising, and the creation of a national registry of data brokers. One of the most contentious issues in previous attempts to pass national privacy legislation has been the preemption of state laws, with APRA superseding existing state regulations.

The act also extends privacy protections for minors under 17 and requires companies to assess their data practices and ensure compliance. One challenging requirement is the provision for large data holders to conduct impact assessments when they pose a “consequential risk” in various categories, including covered minors and disparate impacts based on race and religion.

Overall, APRA represents a renewed effort to establish a comprehensive national framework for consumer data privacy and addresses the challenges posed by evolving technologies. However, there are still many procedural hurdles ahead before final passage is guaranteed. This legislation could be the best chance to modernize privacy laws, especially with Rep. McMorris Rodgers not seeking reelection this year.