Proposed American Privacy Rights Act of 2024 (APRA) Aims to Establish Comprehensive Federal Data Privacy Law

Representative Cathy McMorris Rodgers (R-Wash.) and Senator Maria Cantwell (D-Wash.) have introduced a groundbreaking new draft legislation, the American Privacy Rights Act of 2024 (APRA), aimed at establishing the United States’s first comprehensive data privacy law at the federal level. This bill, if passed, would set a federal standard for data privacy and security regulation, giving consumers more control over their data and imposing obligations on corporations, including the right to opt out of targeted advertising and certain algorithms.

The APRA builds upon its predecessor, the American Data Privacy and Protection Act (ADPPA), by including a private right of action for individuals and preempting state privacy laws with a unified federal regime. However, there are key differences between the two proposals, such as stricter data minimization requirements and the right to opt out of covered algorithms and AI decisions under the APRA.

Early opposition to the bill has emerged, with Senator Ted Cruz expressing concerns about empowering Big Tech and giving too much power to the FTC. Despite this, there is bipartisan support for the bill, with Representative Franke Pallone, Jr. praising the efforts but suggesting areas for improvement, particularly in children’s privacy.

The APRA would have significant implications for businesses, requiring them to comply with new compliance obligations and enforcement mechanisms. While the bill faces challenges, its bipartisan nature and potential for a national standard on data privacy are promising for companies and consumers alike.

The bill is expected to go through regular order in Congress, with dates for formal introduction yet to be set. As discussions continue, stakeholders are closely monitoring the bill’s progress and potential impact on privacy compliance obligations. Stay tuned for further updates on this important legislation.