Landmark Legislation Proposed to Establish National Data Privacy Rights and Protections in the U.S.

Federal lawmakers in the U.S. have introduced a groundbreaking bipartisan legislation that aims to establish clear, national data privacy rights and protections for Americans. The American Privacy Rights Act, similar to the EU’s General Data Protection Regulation (GDPR), would bring together the existing patchwork of state data privacy laws under a single piece of legislation for the first time.

The proposed law, drafted by Republican House Committee on Energy and Commerce Chair Cathy McMorris Rodgers and Democratic Senate Commerce Committee Chair Maria Cantwell, would enshrine digital privacy as a basic, enforceable right. It would give citizens more control over their biometric data and overall digital identity, prohibiting Big Tech from tracking, predicting, and manipulating people’s behaviors for profit without their knowledge and consent.

One of the key features of the American Privacy Rights Act is the establishment of a private right of action for individuals to hold violators of the act accountable. This means that individuals would have the right to sue companies that violate data privacy laws and recover damages for any harm caused. The legislation also bans companies from enforcing mandatory arbitration in cases of substantial privacy harm.

The bill sets out foundational uniform national data privacy rights, including rules and restrictions on data collection, data sharing, access control, and the ability to opt out of targeted advertising and data processing. It promises to establish a national privacy standard stronger than any state, including California with its stringent data protection laws.

In addition to giving individuals more control over their personal information, the legislation also aims to address civil rights issues related to algorithms. People would have the right to refuse algorithms being used in decisions about housing, employment, healthcare, credit, education, or insurance. The bill also requires annual reviews of algorithms to test for discrimination and bias.

The introduction of the American Privacy Rights Act marks a significant breakthrough in negotiations between Republicans and Democrats over data privacy legislation. Cantwell and Rodgers believe that this legislation presents the best opportunity in decades to establish a national data privacy and security standard that empowers individuals to control their personal information.

Overall, the American Privacy Rights Act represents a major step forward in protecting Americans’ data privacy rights and holding companies accountable for violations. It sets a new standard for data privacy laws in the U.S. and aims to give individuals more control over their digital identities.