US Lawmakers Introduce Draft Legislation for National Data Privacy and Security Standard

US Senator Maria Cantwell (D-WA) and US Representative Cathy McMorris Rodgers (R-WA) have unveiled a groundbreaking draft legislation aimed at establishing a national data privacy and security standard. The proposed American Privacy Rights Act seeks to eliminate the current “patchwork” of state regulations in favor of a comprehensive federal law that will ensure robust enforcement and hold violators accountable.

The legislation, as outlined in a joint statement by Cantwell and McMorris Rodgers, places limits on consumer data companies in terms of collecting, using, and storing personal information. It also grants individuals the right to prevent the sale of their personal data from one company to another, with “expressed consent” being a requirement for any transfer of personal data.

One of the key aspects of the American Privacy Rights Act is its focus on enforcement mechanisms for data privacy rights. Currently, there is no federal law protecting consumers in the event of data breaches, and individuals affected by such incidents often struggle to seek legal recourse due to a lack of standing in federal courts. This has resulted in only a handful of states enacting comprehensive consumer data privacy laws.

McMorris Rodgers emphasized that the act aims to prevent tech giants from exploiting personal data for profit without individuals’ knowledge or consent. She highlighted the overwhelming support for such privacy rights among Americans.

The proposed legislation comes at a time when tech companies are facing increased scrutiny over their data practices. In the EU, strict privacy laws such as the Right to Be Forgotten allow individuals to request the erasure of their personal data, with companies facing significant fines for violations of data protection regulations.

With the American Privacy Rights Act, Cantwell and McMorris Rodgers are taking a significant step towards ensuring greater data privacy and security for American consumers, while also aligning the US with global standards in data protection. The bill is expected to be submitted for consideration in the near future, marking a potential turning point in the regulation of data privacy in the United States.