Bipartisan Lawmakers Introduce Comprehensive Privacy Proposal, Signaling Potential Breakthrough in Congress

A bipartisan pair of lawmakers, Senate Commerce Committee Chair Maria Cantwell (D-WA) and House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), have introduced a new comprehensive privacy proposal called the American Privacy Rights Act. This proposal is the first significant step in years towards passing comprehensive data privacy protections in Congress.

The American Privacy Rights Act would grant consumers new rights regarding how their information is used and shared by large companies and data brokers. It would also give consumers the ability to sue when these rights are violated. The bill aims to minimize the amount of data collected by large companies, allow consumers to correct, delete, or export their data, and give them the right to opt out of targeted advertising and the transfer of their information.

The legislation would also mandate security protections to safeguard consumers’ private information and allow for enforcement by the Federal Trade Commission and individual states. It includes a private right of action for individual consumers to bring lawsuits when their privacy rights are violated, and prohibits forced arbitration in cases of substantial privacy harm or harm to minors.

While the bill still needs to be introduced into both chambers and advanced by each committee, Rodgers expects it to move through regular order in her committee this month. The proposal has received positive feedback from lawmakers on both sides of the aisle, with Rep. Frank Pallone (D-NJ) calling it a strong discussion draft and expressing optimism about strengthening the bill, especially in the area of children’s privacy.

However, not all lawmakers are fully on board with the proposal. Sen. Ted Cruz (R-TX) expressed concerns about potential flaws in the bill, particularly in empowering trial lawyers and imposing regulatory costs on upstart competitors. Despite these reservations, the bipartisan effort to pass comprehensive privacy legislation is a significant development in Congress.

As the House moves forward with other privacy-related legislation, including bills to ban TikTok over security concerns and data brokers from selling US consumer data to foreign adversaries, the American Privacy Rights Act stands out as a crucial step towards protecting consumers’ privacy rights. Rodgers emphasized that Americans overwhelmingly want these rights and are looking to their elected representatives to take action.